returns policy on website and dsr

cally6008

I'm doing a website for someone and have copied their old returns policy from their own previous website. The software I'm using has a website review section so I posted there as you do.

The only reply back I've had is that the returns policy does not comply with DSR
- it's wrong if the company is a business-2-customer one
- it's also wrong if the company is a business-2-business one

Now I'm a bit confused as to what exactly is wrong with current return policy.

Definitions
In these Conditions of Sale "Seller" shall mean (name of business). "Buyer" shall mean any person, firm, company or authority purchasing the goods. "Goods" shall mean all products supplied by the Seller. "Contract" shall mean any contract for the sale or supply of the goods by the Seller to the Buyer; "Conditions of Sale" shall mean the terms and conditions of sale set out herein.

Notice of Damaged Material
In the event that goods are damaged, the Buyer must notify the Seller of such damage within 72 hours from receipt of goods. The Seller will then arrange for the goods to be uplifted from the Buyer's premises and returned to the Seller for investigation. Upon completion of the investigation, replacement goods may be sent or alternatively a credit note may be raised for the value of damaged goods.

Notice of Wrong Delivery
In the event of a wrong product being delivered, the Buyer must notify the Seller within 72 hours of receipt of the product. The Seller will then make arrangements to replace the goods with the correct product. The Seller will then arrange to collect the incorrect goods, if appropriate, for return.

Notice of Short Delivery
In the event of a short delivery, the Buyer must notify the Seller within 72 hours of receipt of the product. The Seller will then make arrangements for replacement goods to be sent to the Buyer.

Notice of Discontinued Product
In the event of a product being discontinued by the Buyer, the Buyer cannot return goods after a period of 3 months from receipt of delivery. If a discontinued product is returned before the 3 months period, this must be done with the written permission of the Buyer. In the event of a product being discontinued by the Seller, the Seller will give as much notice as possible to the Buyer.

Returns Procedure
Goods cannot be returned without a returns number. This number will be provided by the Seller when authority is given to return goods. When the Seller consents to the return of goods, the Buyer must ensure that the material is in original and re-saleable condition. The Buyer must ensure that the returned goods clearly state the returns number provided by the Seller.
The Seller will not accept the return of any product with less than 75% of its shelf life remaining.

Liability
There shall be no liability on the Seller for any defects which, in the opinion of the Seller, occurred as a result of:-
Misuse of goods or negligence on the part of any person other than the Seller.
Loss or theft of the goods or any part of them.
Damage from any causes other than by the Seller or Seller's personnel.
Unauthorised modification, alteration or repair of the goods.

Please could someone highlight which part of the above that does not comply with DSR ? I don't know if it makes a difference but some products are cleaning products (liquids etc).

I would post back and ask on there but I know that I'll get a better answer from posting here.

Thank you.

Annisele

Those T&Cs look to me as though you are dealing with business-to-business (especially the bit about the buyer being able to discontinue products). If that's the case the DSRs may not actually apply.

The OFT publishes a short guide to the DSRs here -