DSR - rejecteing goods?

mttylad

Hi, I ordered a car door mirror from an online site, when it arrived it was not suitable as it did not fit correctly and the mirror would not adjust enough to be of any use. IMO it was not fit for the purpose as it was pointing dangerously low.

So I took (as its only a few miles) it back to the sites HQ, they accepted it back and said they would get another as it appear to be faulty then.

One issue is that I had them spray the cover to match my car, the cover is fine but the rest was not.

I received and returned it 6 days ago, so now the 7th is arriving and when the replacement arrives tomorrow what happens to the 7 day return period? I know about the issue of not normally being able to return customised goods, but AFAIK if its not fit for purpose this trumps that.


(Just in case tomorrows is no good too.)

mo786uk

DSR is irrelevanmt really - its SOGA.

If the replacement is unfit then you can reject for a refund.

arcon5

Did you buy the correct mirror?

frugal_mike

As others have said, if the mirror in any way did not conform to contract then its the Sale of Goods Act you want, not DSR. But just to note, DSR gives you 7 working days to cancel, not 7. You can discount all weekends (and bank holidays if there had been any).

I would imagine that since acceptance of your original order did not occur then the 7 working day period for cancellation has not started, but I'd be interested to know if anyone has a definitive answer on that.

That may well be moot if your order was customised. Customisation doesn't stop you rejecting goods under SOGA, but it does stop you cancelling under DSR. How did you ask them to match your car?

CKhalvashi

frugal_mike wrote: »

I would imagine that since acceptance of your original order did not occur then the 7 working day period for cancellation has not started, but I'd be interested to know if anyone has a definitive answer on that.

I'd be interested to know whether it's been tested in court, but I think that SOGA would be a better way to approach if necessary.

That may well be moot if your order was customised. Customisation doesn't stop you rejecting goods under SOGA, but it does stop you cancelling under DSR. How did you ask them to match your car?

That's why I think SOGA would be more relevant. If it's a manufacturer-standard colour, this may be argued on DSR, as it could (technically) be re-sold, but again, I don't know if this has been used successfully in court or not.

CK

mttylad

Cheers, they have replaced it with a betetr one.
Although its still not 100% as good.

The left mirror is at an angle, the right at less of an angle.

However I'm more inclined to keep it because I need to use the car & mirror.

Cheers all.

shaun_from_Africa

frugal_mike wrote: »

I would imagine that since acceptance of your original order did not occur then the 7 working day period for cancellation has not started, but I'd be interested to know if anyone has a definitive answer on that.

The DSR's are very specific in that they state that the time allowed to inform the seller of the wish to cancel the contract starts on the day following that on which the consumer received the goods and no mention or implication is made to acceptance.

If the cancellation period only began upon acceptance and not delivery, this could cause all sorts of legal problems due to the acceptance period not being defined anywhere and you might end up with people attempting a DSR cancellation a few weeks after delivery, with them stating that they hadn't inspected and accepted the goods until a week or so after delivery.

mttylad

Its reeet folks, all sorted.
I have looked at other cars and the angle is he same.

Well & truly accepted & chuffed with the service.
I was just wanting to be prepared.

Thank you all.