Distance Selling Regs

Okydoky25

My husband made a purchase on line for last week which is yet to turn up. I checked his confirmation email and have realised he's ordered the wrong item!

Looking at the T&C it says to returns on sale goods however I'm wondering if because this is bought online do the Distance selling regs kick in anyway or are these cancelled because of the T&C?

browneyedbazzi

Was the purchase made as an individual consumer or in the course of a business?

If your husband was acting as a consumer then terms and conditions cannot remove/alter his statutory rights, including the right to cancel under the DSRs.

Okydoky25

Individual consumer. He also used Paypal for the purchase.

dalesrider

Okydoky25 wrote: »

Individual consumer. He also used Paypal for the purchase.

Now its getting complicated.

Has he spoken to the company yet?

frugal_mike

Okydoky25 wrote: »

Individual consumer. He also used Paypal for the purchase.

Using paypal doesn't affect his right to return under the distance selling regulations. Your husband will have at least 7 working days from the point of delivery to notify the company he wishes to cancel. He doesn't have to wait until after delivery, and the company don't have to receive the returned goods within those 7 days.

Note that some goods are exempt from the distance selling regulations though. What exactly was bought?

unholyangel

What exactly does the term state?

It sounds like it may possibly be an illegal term if it only states no return/refund of sale items as there are circumstances you are entitled to a refund by law. For example where the right to cancel under the DSRs apply or where the goods are faulty/do not conform to contract.

Is the company based in the UK ?