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MSE News: New consumer rights laws: What they mean for you

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Comments

  • mo786uk
    mo786uk Posts: 1,379 Forumite
    the article is wrong i nrelation to doorstep sales - the cancellation starts from the day you sign the contract and lasts for 7 days - not from when you get the goods
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mo786uk wrote: »
    the article is wrong i nrelation to doorstep sales - the cancellation starts from the day you sign the contract and lasts for 7 days - not from when you get the goods
    I can't think of any contract I'd sign at home for goods to be delivered.
  • thedogsmum
    thedogsmum Posts: 363 Forumite
    Part of the Furniture 100 Posts Combo Breaker I've been Money Tipped!
    If I've read it correctly, it states that postage paid for original delivery should be refunded, too. Currently, if you return something to QVC, I don't think you get postage refund, either for delivery or return.
    Would appreciate clarification, if anyone can help.
  • crittertog
    crittertog Posts: 190 Forumite
    mije1983 wrote: »
    Ah ok then. Wasn't aware of that. But then it would never cross my mind not to send something back I was getting a refund for!
    The current implementation of the Distance Selling Regulations doesn't require you to return the goods, but to "make them available" to the retailer. Typically, this would mean returning them, although for larger goods that it are impractical to post (think fridges, etc), it may mean you allow/request the retailer to send a courier to pick them up (and likely charge you for it) - if they repeatedly fail to show up to collect them, etc ...
    thedogsmum wrote: »
    If I've read it correctly, it states that postage paid for original delivery should be refunded, too. Currently, if you return something to QVC, I don't think you get postage refund, either for delivery or return.
    Would appreciate clarification, if anyone can help.

    http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

    Point 3.23 states, "When a distance consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way."
  • crittertog
    crittertog Posts: 190 Forumite
    I can see those "goods must be returned unopened and in original packaging" companies rubbing their hands with glee at the last part.

    I can imagine that being "fun", insofar as determining whether the product has been used or not (photograph it?), given that the company is going against current OFT guidance on the matter (music, DVDs, and software excepted), and likely not one of the better ones to deal with:

    Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?

    No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

    http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
  • mo786uk
    mo786uk Posts: 1,379 Forumite
    hollydays wrote: »
    I can't think of any contract I'd sign at home for goods to be delivered.

    mobility aids are very common
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