e-cigarettes and dsr

terra_ferma

Hintza wrote: »

Perhaps it's time to tell us what your problem is?

It's more of a general question about dsr, rather than a specific issue, as I've noticed the same pattern on several unrelated websites I was wondering if there was an exception for these type of items I'm not aware of, and I know that there are people posting on this board who know a lot about dsr.
I usually avoid websites that don't comply with dsr, so it would make a difference in my buying choices if these items were actually exempt from dsr.

unholyangel

terra_ferma wrote: »

But I've never heard consumables being excluded.

They're not.

terra_ferma

unholyangel wrote: »

They're not.

that's what I think too, but for some reason quite a few vendors state that they only give DOA warranties on some or all of their products, meaning if it works at first but dies after 24hrs you are stuffed.
Personally I'll only make small orders using paypal, so I'm covered by their buyer protection if there is a problem and the vendor is not helpful.

Hintza

You are arguing about products that are/could be considered as single use. As I said in post #2 you could have exceeded the life expectancy before the DSR time frame has run out.

Edit:- I'm not trying to push my point too hard just putting the contra argument.

If it was me and I had problems with items not working I would certainly be in contact with the retailer and would hope they would replace the faulty items. Taking atomisers again, some work for a week whilst others seem to last a month. Swings and roundabouts.

terra_ferma

Hintza wrote: »

You are arguing about products that are/could be considered as single use. As I said in post #2 you could have exceeded the life expectancy before the DSR time frame has run out.

I'm not arguing one way or another, the point of this post if to find out IF they are covered or not, I believe they are, but if you can post a link to official information about the exemption it would be very useful.
this is one of those cases where I'd like to be wrong, because I'd feel happier to buy from (and also recommend) these websites if I knew their terms were perfectly legal.
I was hoping someone would be able to post some definite answer with reference to the actual drs and soga legislation.

PS I managed to find this on the actual dsr regs:

for the supply of goods made to the consumer’s specifications or clearly personalised orwhich by reason of their nature cannot be returned or are liable to deteriorate or expire
rapidly;

I don't know how the rule it's actually applied, but could probably exempt a items such as cheap cartomisers and clearomisers which are expected to deteriorate rapidly, anything that is expected to last more than a week should be included. E-liquid I believe would be included as well, because they have longer expiry dates (and some would need steeping for a week anyway), unless they are covered by a different rule.
Also this doesn't mean that these items should only get a DOA warranty, if they stop working before their stated life-span, they should still be covered by SOGA, and deemed not fit for purpose, as far as I know.

Also this is about the legality of t&c, it's not about the level of customer service provided by some good vendors, I'm sure that many would still help if there was a problem.

unholyangel

terra_ferma wrote: »

I'm not arguing one way or another, the point of this post if to find out IF they are covered or not, I believe they are, but if you can post a link to official information about the exemption it would be very useful.
this is one of those cases where I'd like to be wrong, because I'd feel happier to buy from (and also recommend) these websites if I knew their terms were perfectly legal.
I was hoping someone would be able to post some definite answer with reference to the actual drs and soga legislation.

PS I managed to find this on the actual dsr regs:
I don't know how the rule it's actually applied, but could probably exempt a items such as cheap cartomisers and clearomisers which are expected to deteriorate rapidly, anything that is expected to last more than a week should be included. E-liquid I believe would be included as well, because they have longer expiry dates (and some would need steeping for a week anyway), unless they are covered by a different rule.
Also this doesn't mean that these items should only get a DOA warranty, if they stop working before their stated life-span, they should still be covered by SOGA, and deemed not fit for purpose, as far as I know.

Also this is about the legality of t&c, it's not about the level of customer service provided by some good vendors, I'm sure that many would still help if there was a problem.

By expire/deteriorate rapidly, they mean fresh flowers, fresh fruit etc. That will go off in a matter of days - where even returning the next day would mean you wouldnt be able to return them in the same physical state they arrived in.

Tbh retailers make up their own exclusions under DSRs all the time - like the hygiene rule....DSRs dont list hygiene as an exception but thousands of retailers will (wrongly) tell you they are excluded for hygiene reasons.

terra_ferma

unholyangel wrote: »

By expire/deteriorate rapidly, they mean fresh flowers, fresh fruit etc. That will go off in a matter of days - where even returning the next day would mean you wouldnt be able to return them in the same physical state they arrived in.

Tbh retailers make up their own exclusions under DSRs all the time - like the hygiene rule....DSRs dont list hygiene as an exception but thousands of retailers will (wrongly) tell you they are excluded for hygiene reasons.

Yes you are right, they do, quite often. What I find odd is that there seems to be a whole industry, or retail category, that has decided to ignore dsr.
I've not found ONE single website that is fully compliant with dsr and soga etc, and I've been looking at lots of them. That's why I started to think that maybe there was some kind of exemption I wasn't aware of, but looks like there isn't.