Distance Selling Regulations

Gregsy

Does anyone know if the Distance Selling Regulations, where you can request a refund (and pay or lose a delivery charge) within 7 working days, still applies if you have used an item - in this case a bed? Or is it the case that the regulations are there for you to simply look at the bed rather than use it? Thanks.

shaun_from_Africa

There isn't anything written into the regulations that allow a retailer to refuse a refund if the goods have been used, in fact, if the right of cancellation applies, a cancellation and refund is unconditional and must be given irrespective of the condition of the returned goods or even if the goods are not returned at all, and they simply state that after the refund has been given, the retailer then has the right to pursue the customer for damages.

That is what the reg's state and is fine in theory but in reality, I doubt if many (any?) retailers will willingly refund if goods returned are damaged, unsellable, or not returned at all.

mattyprice4004

The DSRs are designed to give you the same experience as you would get in a shop - to see and get a feel for the products.
Would a bed shop let you sleep there for a few nights? I doubt it!

pinkshoes

What's wrong with the bed?

Valli

If the bed is faulty then your claim for a remedy is under SOGA.

DSRs merely allow for an item to be inspected prior to acceptance/use. Use of the item would imply that you have accepted it so DSRs no longer apply, I believe.

frugal_mike

Valli wrote: »

If the bed is faulty then your claim for a remedy is under SOGA.

DSRs merely allow for an item to be inspected prior to acceptance/use. Use of the item would imply that you have accepted it so DSRs no longer apply, I believe.

No, Acceptance is a Sale of Goods Act concept. The Distance Selling Regulations just has the concept of a cooling off period. If the contract is not exempted and its still within the cooling off period then the cancellation rights are unconditional.
If its been damaged then the seller can claim money back, but in reality probably won't refund in that situation.

ThumbRemote

Gregsy wrote: »

Does anyone know if the Distance Selling Regulations, where you can request a refund (and pay or lose a delivery charge) within 7 working days, still applies if you have used an item - in this case a bed? Or is it the case that the regulations are there for you to simply look at the bed rather than use it? Thanks.

It depends on how you define 'used'.

It would be reasonable for you to lie on the bed to check it out. It would not be reasonable for you to spend a week sleeping on it.

Valli

frugal_mike wrote: »

No, Acceptance is a Sale of Goods Act concept. The Distance Selling Regulations just has the concept of a cooling off period. If the contract is not exempted and its still within the cooling off period then the cancellation rights are unconditional.
If its been damaged then the seller can claim money back, but in reality probably won't refund in that situation.

I was under the impression that beds fall into the category of goods which are non-returnable under DSRs, along with duvets, earrings, underwear, if they have been used.

wealdroam

Valli wrote: »

I was under the impression that beds fall into the category of goods which are non-returnable under DSRs, along with duvets, earrings, underwear, if they have been used.

Sorry, all of those things you mention are returnable under DSRs... within the prescribed time limits... used or not.

Valli

Maybe I won't use the Which? site again, then;)

wealdroam

Valli wrote: »

Maybe I won't use the Which? site again, then;)

Does the Which site really say otherwise then?

Can you possibly provide a link?