Help please: Consmer rights

Fagan

Hi There: I'm new to this forum and have an issue over consumer rights and could do with some sound advice.

My daughterpaid a £100 deposit for some furniture by credit card over the phone. Thefollowing day she cancelled the order and is relying in on the “cooling off”provisions of the Consumer Protection (Distance Selling)Regulations.

The company is only prepared to give a gesture of goodwill creditnote claiming that standard distance selling regulations only apply if the itemwas already in stock or on a lead time of less than four weeks at point oforder.

Is she being spruced?

Fosterdog

Where did she buy it from?

DSR don't always apply to telephone sales, if they regularly take over the phone payment then DSR will apply but if it's something that they don't do often and only as occasional good will to save a customer a journey to store then DSR don't apply.

It also depends on whether your daughter has been into the shop at all to inspect a sample of the furniture. If she went to the store before placing the order over the phone then DSR will not cover her.

DSR is for purely distance sales and when you have not physically been to their premises at all regarding the purchase.

ThumbRemote

On the stores main point "standard distance selling regulations only apply if the item was already in stock or on a lead time of less than four weeks at point of order" - that is rubbish.

The Distance Selling Regulations don't apply if goods are made to the customers specification. This is very unlikely to be the case. The OFT guide explains it pretty well, page 20: http://www.oft.gov.uk/shared_oft/distance-selling-downloads/Explained/DSexplained_PDF.pdf

Assuming Fosterdogs points above don't apply, tell them they have a legal obligation to refund, or you'll get Trading Standards involved.

browneyedbazzi

I agree with what fosterdog has said above, but would add that the store's line about DSRs only applying where things are in stock and can be supplied within 4 weeks is rubbish.

Truly bespoke or personalised goods are exempt from the cancellation rights parts of DSRs - but a standard product, whether or not it needs to be specially ordered is not.

Also, the DSRs set a timescale for performance of the contract (delivery of the goods or supply of a service) of 30 days unless otherwise agreed with the consumer. If they fail to meet the standard or agreed timescale then the consumer can cancel the contract. In no way does that mean contracts that can't be performed within 4 weeks are exempt from DSRs! (where did they get 4 weeks from anyway??)