Sale of Goods Act for exported goods

System

Just a thought but as the buyer is in Spain and the goods were sent there, shouldn't any action be in accordance with the Spanish DSRs?

BTW Directive 1999/44/EC is not implemented in the UK as there was no requirement because our existing DSRs exceeded the requirements of it.

antrobus

!!!!!! wrote: »

Just a thought but as the buyer is in Spain and the goods were sent there, shouldn't any action be in accordance with the Spanish DSRs?

BTW Directive 1999/44/EC is not implemented in the UK as there was no requirement because our existing DSRs exceeded the requirements of it.

Distance Selling Regulation (DSRs) are something different. That's Directive 97/7/EC.

Directive 1999/44/EC didn't result in any changes to UK law because it was deemed that SOGA already met the directive's requirements. Therefore I'd conclude that UK law complies with the EU Directive. I'd presume that Spanish law on consumer protection was the same.

Equaliser123

!!!!!! wrote: »

Just a thought but as the buyer is in Spain and the goods were sent there, shouldn't any action be in accordance with the Spanish DSRs?

BTW Directive 1999/44/EC is not implemented in the UK as there was no requirement because our existing DSRs exceeded the requirements of it.

DSR's are academic. The item is faulty.

unholyangel

antrobus wrote: »

Distance Selling Regulation (DSRs) are something different. That's Directive 97/7/EC.

Directive 1999/44/EC didn't result in any changes to UK law because it was deemed that SOGA already met the directive's requirements. Therefore I'd conclude that UK law complies with the EU Directive. I'd presume that Spanish law on consumer protection was the same.

Spot on about 1999/44/EC being SoGA however, it did result in changes some changes. They were minor though as SoGA was/is pretty extensive in its coverage.

Full implementation can be read here if interested:
http://ec.europa.eu/consumers/cons_int/safe_shop/guarantees/CSD_2007_EN_final.pdf

Or just admendments here:
http://www.legislation.gov.uk/uksi/2002/3045/crossheading/amendments-to-the-sale-of-goods-act-1979/made

Equaliser123

unholyangel wrote: »

Spot on about 1999/44/EC being SoGA however, it did result in changes some changes. They were minor though as SoGA was/is pretty extensive in its coverage.

Actually some of the changes were really quite significant. The key one being the change in s.14(2) from "merchantable quality" to "satisfactory quality" which is much wider. Also, the consequential inclusions of freedom from minor defects and the requirement of durability provided the consumer with greater rights.

Equaliser123

!!!!!! wrote: »

No, satisfactory quality etc

Errr. That is section 14(2).

unholyangel

Equaliser123 wrote: »

Actually some of the changes were really quite significant. The key one being the change in s.14(2) from "merchantable quality" to "satisfactory quality" which is much wider. Also, the consequential inclusions of freedom from minor defects and the requirement of durability provided the consumer with greater rights.

Sorry, I didn't mean significance wise, I meant in terms of volume/numbers. Should've said few instead!

Equaliser123

unholyangel wrote: »

Sorry, I didn't mean significance wise, I meant in terms of volume/numbers. Should've said few instead!

Yes, you're right. The main structure was left in place. Which I guess is a testament to how advanced SOGA was for its time!