New consumer regs from 14 June

zaax

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

The group will be interested in these new regs, which (among other things) replace the DSR from 14 June 2014. Amongst other changes, it will now be a requirement to return goods before a refund is due.


It now gives the customer 14 days to cancel, rather than the slightly confusing to some 7 *working* days of the DSRs.

This is a fairly important bit, too:

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—
(a) may be deducted from the amount to be reimbursed under paragraph (1); (b) otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

Esqui

It does seem to improve things for consumers being told their rights, as traders have to make available, in a clear and comprehensible manner and in a way that a consumer would reasonably be able to access, full information about their rights and (if I have read correctly), a cancellation form.

frugal_mike

I'd be interested in some proper guidance on point 12. For example is opening packaging acceptable. In a shop there will usually be display models that can be inspected so opening packaging in a shop might not be acceptable, but when buying at a distance its necessary.

What happens for example with packaging designed in such a way it can't be re-sealed?

neilmcl

frugal_mike wrote: »

I'd be interested in some proper guidance on point 12. For example is opening packaging acceptable. In a shop there will usually be display models that can be inspected so opening packaging in a shop might not be acceptable, but when buying at a distance its necessary.

What happens for example with packaging designed in such a way it can't be re-sealed?

The very fact that in most shops there will be models on display that you can operate means that in order to do the same at a distance you'd be fully entitled to open sealed packaging to perform the same functions. In reality nothing has changed in this regard with the existing DSRs.

ThumbRemote

(2) The goods remain at the trader’s risk until they come into the physical possession of—
(a) the consumer, or
(b) a person identified by the consumer to take possession of the goods.

Looks like this tightens up delivery rules. Leaving in a 'safe place' will now always be at the traders risk. I'd guess passing to another person, even in the same household, doesn't count either unless the customer has stated that's acceptable.

frugal_mike

ThumbRemote wrote: »

Looks like this tightens up delivery rules. Leaving in a 'safe place' will now always be at the traders risk. I'd guess passing to another person, even in the same household, doesn't count either unless the customer has stated that's acceptable.

I think the Sale of Goods Act already covered that. Section 20, subsection 4 states:

In a case where the buyer deals as consumer or, in Scotland, where there is a consumer contract in which the buyer is a consumer, subsections (1) to (3) above must be ignored and the goods remain at the seller’s risk until they are delivered to the consumer.

It also defines delivery as:

“delivery” means voluntary transfer of possession from one person to another

I would hope leaving in a 'safe place' is not considered transferring from one person to another, but I guess stranger things have happened

zaax

That means the Royal mails idea of leaving a parcel with a neighbour means it hasn’t been delivered

bod1467

zaax wrote: »

That means the Royal mails idea of leaving a parcel with a neighbour means it hasn’t been delivered

I disagree. It would be delivered as long as the recipient (address) has not opted out of the scheme, and as long as the "left with neighbour at X" notification (card) has been provided.

frugal_mike

zaax wrote: »

That means the Royal mails idea of leaving a parcel with a neighbour means it hasn’t been delivered

Yes, I'd say that was true. If royal mail or any other courier leaves goods with a neighbour or 'in a safe place' and then go missing then they should still be at the sellers risk.