Distance Selling Regulations

Worldlife

From http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchan

You've a right of seven days to cancel

Under Distance selling regulations, you have seven working days to cancel after receiving the goods or if it's a service you have seven working days to cancel the contract, which actually means you have more rights when you buy stuff on the web (or mail order) than you do for buying in a shop (this doesn't apply to fresh food, flowers, or sealed audio equipment).

However, take care of the goods while you've got them as you have to send them back in reasonable condition.

There is more information here on the Office of Fair Trading website:-

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/cancellation-periods

Reference to the Act itself shows that my vendor failed to provide the details required under section 8 of the Distance Selling Regulations 2000 and in particular 2(b)

The goods were an Ebay purchase via PayPal charged against my credit card. My own credit card company have said that they would be willing to create a chargeback against PayPal if the goods are not collected by the vendor within 30 days.

I have lodged a dispute with PayPal concerning misdescription of the goods concerned and the trader has escalated the dispute to a claim. As part of the claim procedure PayPal ask for the goods to be returned at my expense to the retailer who "on receipt of the goods in original condition" has agreed to a full refund. This would then automatically close the misdescription complaint.

I have recently received a recorded delivery letter from the vendor headed "Returns Policy Seven Days" that just gives a Parcelforce quotation for the collection and demanding payment by cheque.

In response I have told the vendor I am not prepared to send a cheque for Parcelforce collection but the goods are available for collection under section 17 (3) and(4) of the Distance Selling Regulations.

It seems that under the Regulations it is possible for a vendor to send details that should have been provided originally which then extend the return options of the purchaser.

In this case I am wondering if the belated "Return Policy Seven Days" letter asking for cheque payment could construed as an unfair contract insofar as a credit card customer may not have funds available to do this.

Seems to be some confusion here between the OFT web info (and the advice of their telephone advisor), the views of my own credit card company, and the procedures of PayPal to resolve the misdescription dispute.

I am certainly unhappy about forking out £24 for return postage of goods that have been misdescribed rather than unwanted

olly300

Can you not return the goods a cheaper but secure way?

Worldlife

olly300 wrote: »

Can you not return the goods a cheaper but secure way?

The issue is not "how much" but the fact that the term "restore" used in Distance Selling Regulations means the consumer only has to make them available for collection (unless there are terms within the contract at point of sale that stipulate different conditions)

A cheap service may not provide the full collection, delivery and tracking information a purchaser may need to establish transit and safe delivery.

If the vendor arranges collection then the transit arrangements would I think be at his or her risk.

deanos

Is this a private sale or a business ?

Worldlife

deanos wrote: »

Is this a private sale or a business ?

Confirm query relates to an Ebay trader - "Power Seller" status and feedback from numerous customers. Selling several similar branded items of the same model.

olly300

The person is an individual so this is good.

Do you have proof of the description i.e. web page printout and can you get/make proof of how the goods don't meet the description i.e. photographs, photocopy of manual?

Then in writing preferably by fax or recorded delivery:
1. Protest paying for the return charges as the goods where mis-described NOT defective. Stating the main misdescriptions.
2. State that if you pay for the return charges of the mis-described goods you will take further action to recoup the money due to the breach of contract including court action and the seller would be liable for costs.

See if the costs are waived.

And if not return the goods, get your money back and decide whether to take them to small claims to get the £24 back. It may be worth doing this if you can get an address for the person as it may not be the first time they have tried this. (People are more likely to pay up then businesses if you win because they don't want a CCJ against them.)

I've googled around and the only information I can find from various local council sites is that with private individual you will have to take them to court.

Worldlife

Thanks Olly - some good suggestions here. Followed most of them already.

Under the Distant Selling Regulations the obligation is upon the vendor to collect the goods. "Restore" in the Regulations does not place an obligation on the purchaser to return the goods (unless something the arrangements were specified at the time of purchase - which they were not.)

Why put yourself in the position of needing to make a County Court claim for refund of postage when you are not legally obliged to return the goods but the vendor must collect them (or arrange collection) at his or her risk?

Don't forget with a dubious trader there could be a counterclaim that the goods were damaged on delivery and refusal to refund the whole of the monies.

I'm inclined to ask my credit card company for a chargeback against PayPal if the goods are not collected within 30 days of my complaint of misdescription and asking vendor to collect the goods under the Distant Selling Regulations.

Was really hoping for some expert discussion on the interpretation of the Regulations as distinct from general retail complaint procedures. See:

The Consumer Protection (Distance Selling) Regulations 2000

Look at Regulations 7, 8 (and particularly 8(2)(b). See Regulation 11(3), 14(5) and of course !7(3)(4)

dp2_2

I am a trader and buyer on ebay.

I have had a look at the distance selling regs.

If you used the auction format with this seller your distance selling regs do not apply. If you used Buy it now the DSRs you have the 7 day cooling off period to cancel regardless of the quality or condition.


I believe there maybe a clause with the 7 day rule that you cannot cancel after 7 days and maybe you will be too late to use. It protects the supplier against two delivery costs.

Normally Paypal request you return with royal mail signed for or special delivery for costly and fragile items.



Since a dispute has concluded, you need to check that the supplier can charge you for the collection or do you have the option to use royal mail at a cheaper rate.

Worldlife

Some good points dsr

This was a "Buy it now" item and agree with you that under DSRs I have the 7 day cooling off period to cancel regardless of the quality or condition.

The goods were cancelled within the 7 day rule.

PapyPal conditions are not intended to deprive the customer of any rights they have under Consumer legislation.

In respect of the DSR the vendor must include a condition stating if the goods must be returned at the Customer's expense if that is the vendors contract. In my case such conditions were not included. In these circumstances the purchasers duty to 'restore' the goods to the vendor means to make them available for collection by the vendor.

PayPal do not actually resolve a dispute. We have alleged misdescription and the DSR are clear that regardless of what is return concerning return cost arrangements the Vendor is responsible for collection of misdescribed goods.

For a purchaser to enter the PayPal claim system he or she must revoke the protection offered by the DSR as claim would be settled by a full refund excluding the costs of returning the goods.

As stated my credit card company will be happy to make a chargeback to PayPal if the goods remain uncollected by the vendor after 30 days.

Thanks for your contribution dsr. I think between us we have got things right.