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Does DSR apply?
ceh209
Posts: 877 Forumite
Got a problem with a product we ordered and had delivered, currently pursuing under the manufacturer's 12 month warranty and potentially s75 if necessary.
The seller mentioned DSR doesn't apply as we signed the delivery note accepting it, which I know is b*ll*cks anyway (the fault appeared the first time we moved the item after it was delivered), BUT we ordered it by being present in their showroom and them putting the order into their website on their computer while we were there.
Does DSR therefore apply or not in this case? (It's just another potential avenue to explore if they get arsey)
The seller mentioned DSR doesn't apply as we signed the delivery note accepting it, which I know is b*ll*cks anyway (the fault appeared the first time we moved the item after it was delivered), BUT we ordered it by being present in their showroom and them putting the order into their website on their computer while we were there.
Does DSR therefore apply or not in this case? (It's just another potential avenue to explore if they get arsey)
Excuse any mis-spelt replies, there's probably a cat sat on the keyboard
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Comments
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I'm new to this but I think if you didn't order it via distance means then DSR won't apply.
You can probably go under SOGA depending on what the issue is.0 -
No, but SOGA will apply.0
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DSR might apply, depending on who the retailer is. However you would probably still be liable for returns costs even if they did.
For a fault then SOGA applies anyway, and if this fault happened very soon after receipt then you may be able to argue that you haven't "accepted" the goods and so can return for a full refund (under SOGA).
Note: just because you signed for delivery does NOT mean you have necessarily "accepted" the goods. What ARE the goods and what is the nature of the fault?0 -
Its unlikely the DSR would apply as you bought it in person (there might be some exceptions)
But as its faulty, the SOGA does apply0 -
Thanks guys, I thought it wouldn't but OH disagreed as the order was input on their website, so wanted to get some other opinions!
Yeah SOGA/manufacturer's warranty, there's no point in it existing if it doesn't cover faults which appear 1 day after the item was delivered.
It's a dining table with a removable top, the top is in two halves joined by dowelling, when the top was taken off for the first time it split the wood slightly. Clearly a manufacturing fault IMO...Excuse any mis-spelt replies, there's probably a cat sat on the keyboard0 -
You have to make "exclusive" use of distance means for DSRs to be applicable, in this case you haven't.0
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