Returning a Replacement Item under the Distance Selling Regulations

Purp1euk

Hi everyone,

Martin's excellent article on Consumer Rights talks about the seven day time limit given under the Distance Selling Regulations that allows you to return an item to an online store for any reason.

I am being sent a replacement item following buying a faulty tablet PC (under protest as the item itself has a widespread fault, so a replacement is likely to put me back to square one).

However, can I use the 7 day limit to return the replacement tablet and get a refund under the Distance Selling Regulations?


Thanks,

Matt

visidigi

Purp1euk wrote: »

Hi everyone,

Martin's excellent article on Consumer Rights talks about the seven day time limit given under the Distance Selling Regulations that allows you to return an item to an online store for any reason.

I am being sent a replacement item following buying a faulty tablet PC (under protest as the item itself has a widespread fault, so a replacement is likely to put me back to square one).

However, can I use the 7 day limit to return the replacement tablet and get a refund under the Distance Selling Regulations?


Thanks,

Matt

No. As its the original purchase items delivery date that the 7 days starts from, not any warranty replacement date.

Valli

The DSRs allow you 7 days in which to CANCEL the order - items do not have to be returned within that 7 days.

However you and the retailer are now using SoGA (Sale of Goods act) as you are being sent a replacement item; in other words rather than cancel the original order (which you could have done under DSRs) you notified them it's faulty and they are taking up one of their options under SoGA. When goods are faulty the purchaser is entitled to either a repair OR a refund OR a replacement and it's up to the retailer to offer the remedy that best suits them. They have elected to replace.

unholyangel

How long did you have the original for? Was it faulty on arrival?

Purp1euk

Thanks for your replies.

Valli: Surely there are a finite number of replacements they can offer me before they have to offer me a refund?

unholyangel: The fault was present when I first received the tablet but it wasn't something obvious so I didn't noticed until about a month later.

unholyangel

Purp1euk wrote: »

Thanks for your replies.

Valli: Surely there are a finite number of replacements they can offer me before they have to offer me a refund?

unholyangel: The fault was present when I first received the tablet but it wasn't something obvious so I didn't noticed until about a month later.

DSRs only give you 7 working days starting the day after you receive the item to return for a refund.

SoGA lets you demand a refund if acceptance hasnt occurred but since it was a month before you "rejected it", acceptance has likely occurred so you can request a repair, replacement or refund but the retailer can refuse if your option is disproportionately costly in comparison to another.

ValHaller

With a tablet, if it arrived totally dead and you had a replacement, I can see that the DSR start date would be when the replacement arrived - because that would be the point at which the contract had been substantially fulfilled and you would have a fair opportunity to evaluate.

But if ir worked from the start, then the DSR cloaked has ticked itself away if you get a replacement for a minor fault and then want to return it.

Valli

Purp1euk wrote: »

Valli: Surely there are a finite number of replacements they can offer me before they have to offer me a refund?

Wouldn't have thought so...as long as they have new models available.