Sales of Goods Act 1979 v's Distance Selling Regulations 2000

firebird-jpx

Dear Sirs,

I have recently won a e-bay battle for a refund of a product (USB memory card) purchased. I fully complied with their company's return procedures, which I followed to the 'T'.

However, this up hill battle was not easy!

Within their pre-sale listing they quote a seven day cooling off period together with a three month, no quibble full refund guarantee (both really confound each other).

The return of the purchased product was requested the same day it arrived (reason for return was I wanted a black devise not white) around 4 days.

The UK based company is a 2 hour drive from where I live, but stated no full refund would be given as the item had been opened, and more so referred to Distance Selling Regulations 2000 (introduced by the EU courts). I on the other hand quoted the Sales of Goods Act 1979 (British Law), the seven day cooling off period, and their three month no quibble guarantee.

Despite my victory, please can someone tell me more about this Distance Selling Regulations 2000 and if it went to e-bay dispute team or small claims court, would it over-rule the Sale of Goods Act 1979?

Kind regards, Jonathan

unholyangel

They're both statute, neither overrules the other really (although one can be more useful than the other depending on circumstances).

DSRs give you 7 working days to notify them of your intent to cancel (dont have to return goods within this time - just tell them you want to cancel by durable means) for any reason whatsoever and receive a full refund of all monies paid (although you may be responsible for return postage costs if they notified you of this prior to the conclusion of the contract).

SoGA deals with faulty goods, not as described etc. You have a reasonable time to inspect the goods to see if they conform to contract and if they dont, you can reject outright for a full refund - seller is responsible for costs incurred such as postage costs. If it goes faulty down the line (after a reasonable time) you can request a repair, replacement or refund (which can be partial to take into account use you had of it) but the retailer can refuse if disproportionately costly.


As for a reduction for it being opened.... DSRs do not allow them to reject a full or partial refund if the item isnt returned in its original packaging - never mind it being opened. (ETA - by that I mean they're supposed to refund you in full regardless).

unholyangel

Think you've posted that on the wrong thread This is the consumer rights board.

Unless board guides are quick off the mark today

firebird-jpx

Dear Unholyangel.

Thank you for the insight and comments provided.

Also, thank you for letting me know that I may have submitted this thread in the wrong sub-folder, I would be grateful if you could direct me where the thread should have been posted, as I am New to this site's forum.

On a final note, although that your partial in brief explanation of Sales of Goods Act 1979 and Distance Selling Regulations 2000, which one is more suitable in the circumstances and would uphold in any dispute case?

Kind regards, Jonathan

unholyangel

firebird-jpx wrote: »

Dear Unholyangel.

Thank you for the insight and comments provided.

Also, thank you for letting me know that I may have submitted this thread in the wrong sub-folder, I would be grateful if you could direct me where the thread should have been posted, as I am New to this site's forum.

On a final note, although that your partial in brief explanation of Sales of Goods Act 1979 and Distance Selling Regulations 2000, which one is more suitable in the circumstances and would uphold in any dispute case?

Kind regards, Jonathan

That post about the wrong board/forum was in response to your post not to reply to this thread as you had posted on the wrong board and you were going to post it on consumer rights instead. I was saying you're already posting on consumer rights board

As for which is more suitable....if the goods are faulty/not as described then SoGA - as retailer is responsible for costs involved.

If its just a change of mind then DSRs since SoGA doesnt allow you to return for anything classed as change of mind (ie buying wrong item - unless they told you it was suitable/compatible as what they tell you forms part of the description/contract - but can come down to he said/she said!)

They both have upsides and downsides. DSRs allow you to return for any/no reason but can see you responsible for cost of returning. SoGA makes retailer liable for costs but only for items that dont conform to contract (change of mind isnt covered and neither is consumer damage/misuse or natural wear n tear).

firebird-jpx

Dear Unholyangel,

I forgot to ask you quote ETA the only one that comes to mind is 'Estimated Time of Arrival' but I don't think its that. Please kindly inform me what the abbreviation means.

Thank you once again, Jonathan

wealdroam

firebird-jpx wrote: »

The return of the purchased product was requested the same day it arrived (reason for return was I wanted a black devise not white) around 4 days.

Did you order a black one and they sent a white one?

Or did you order a white one, but when it arrived you decided that a black one would be more suitable?

Did you need to open the packaging to determine the colour?

Anyway, why does the colour of a memory card matter?

unholyangel

firebird-jpx wrote: »

Dear Unholyangel,

I forgot to ask you quote ETA the only one that comes to mind is 'Estimated Time of Arrival' but I don't think its that. Please kindly inform me what the abbreviation means.

Thank you once again, Jonathan

edited to add

And thanks wealdrom, I missed that bit in the OP!
Did it say in the ad that colours may vary from what was shown etc?

arcon5

Sales of Goods Act may not even apply, it would depend on the terms of the guarantee, since you make no mention of the goods being faulty. If this guarantee offered a 3 month no quibbles type return and did not place any obligations to return in orginal packaging, you'd potentially be looking at a 'not as described' claim under SoGA. If their 3 month guarantee requires the goods to be in original packaging for example then you have no rights under this law unless the goods are faulty.

DSRs give an unconditional right to cancel within 7 working days. There is no obligation to return in original packaging, in fact quite the opposite. So go down this route. They MUST refund you within 30 days of requesting cancelling - failing to do so is a breach of the regulations.

Open an eBay claim, eBay will refund you in full if you provide proof you have returned the goods. (You may be liable for return postage of course).

eBay cannot override your statutory rights - nor are they there to enforce your rights with the seller, that's what the court system is for and that's also what trading standards do.

EDIT:
Seems a bundle of new posts have appeared, you should already have your answer now

firebird-jpx

Dear Unholyangel,

No it was purchased by mother using my e-bay account but for a surprise, when it arrived she checked it on her laptop to establish it was in working order before giving it to me.

She was informed by the seller on e-bay it would be a black USB, not white.

She also like you, said what does it matter but I guess my ADHD kicked in and my Mini Tower PC is black, so I wanted it to match...

Regards, Jonathan

firebird-jpx

Dear Arcon5,

Thank you for your input and your comments are noted.

Yes I have my answer now.

Thank you both Unholyangel and Arcon5, for your commitment, concrete replies, and clarity it's really appreciated and useful for future use.

With kind regards, Jonathan