Currys.co.uk not abiding by Distance Selling Regulations

frugal_mike

the_lunatic_is_in_my_head wrote: »

Could you demonstrate this?

Certainly, its in regulation 17, paragraph 4:

(4)!The consumer shall not be under any duty to deliver the goods except at his own premises and in pursuance of a request in writing, or in another durable medium available and accessible to the consumer, from the supplier and given to the consumer either before, or at the time when, the goods are collected from those premises.

bru88

But who pays the cost of it depends. It depends what the seller specified in the pre-contractual information that they are required by law to provide to the buyer.

DSR-
(2) The information required to be provided by paragraph (1) is—
(b)information about the conditions and procedures for exercising the right to cancel under regulation 10, including— .
(i)where a term of the contract requires (or the supplier intends that it will require) that the consumer shall return the goods to the supplier in the event of cancellation, notification of that requirement; and .
(ii)information as to whether the consumer or the supplier would be responsible under these Regulations for the cost of returning any goods to the supplier, or the cost of his recovering them, if the consumer cancels the contract under regulation 10;

OFT guide:
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.
3.56 If you did not include these details in the required written information then you cannot charge anything.

Which:
The seller's terms and conditions or returns policy should state who pays the cost of returning the item.
If they don't state this, then the seller has to cover the cost.

the_lunatic_is_in_my_head

frugal_mike wrote: »

Certainly, its in regulation 17, paragraph 4:

Which says "except at his own premises" which means?

Paragraph 7 says:

(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.

unholyangel

bru88 wrote: »

Which:
The seller's terms and conditions or returns policy should state who pays the cost of returning the item.
If they don't state this, then the seller has to cover the cost.

IMO which have failed with their advice again, what the heck happened to them? They need to be given the information in a durable medium for the consumer to be liable for return postage costs.

8. (1) Subject to regulation 9, the supplier shall provide to the consumer in writing, or in another durable medium which is available and accessible to the consumer, the information referred to in paragraph (2), either—

(2) The information required to be provided by paragraph (1) is—

(a)the information set out in paragraphs (i) to (vi) of Regulation 7(1)(a);

(b)information about the conditions and procedures for exercising the right to cancel under regulation 10, including—

(i)where a term of the contract requires (or the supplier intends that it will require) that the consumer shall return the goods to the supplier in the event of cancellation, notification of that requirement; and

(ii)information as to whether the consumer or the supplier would be responsible under these Regulations for the cost of returning any goods to the supplier, or the cost of his recovering them, if the consumer cancels the contract under regulation 10;

frugal_mike

the_lunatic_is_in_my_head wrote: »

Which says "except at his own premises" which means?

Paragraph 7 says:

(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.

Perhaps I worded my post poorly, but when I said return I meant return under their own effort (arrange postage etc). It would have been better if I had used the word send as used in the regulations. I did qualify it to say they had to make the item available for collection, which is the only obligation as stated in regulation 17.4.

frugal_mike

unholyangel wrote: »

IMO which have failed with their advice again, what the heck happened to them? They need to be given the information in a durable medium for the consumer to be liable for return postage costs.

That's one of the things that is not totally clear to me. The regulations talks about what happens if regulation 8 is not adhered to, but it only says the cancellation period is extended to 3 months.

The section on paying for returns does not mention that failing regulation 8 means the seller pays for returns though. it just says that the consumer pays if the terms of the contract say they should (and they have no right to reject the item). That seems an oversight if that is what was intended.

bru88

the_lunatic_is_in_my_head wrote: »

Which says "except at his own premises" which means?

Paragraph 7 says:

(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.

I think basically those paragraphs mean that if the consumer chooses not to return the cancelled goods himself to the seller then the consumer must make the goods avaibale to the seller at the consumer's premises (ie address specified). The seller has 21 days to give notice of collection, and the consumer has a duty to take reasonable care of the goods until they are reunited with the seller. If the seller doesnt notify within 21 days then the consumer is no longer bound to take reasonable care of the goods.

Basically I think its trying here to stop the consumer messing around the seller, and the seller messing around the consumer, in the process of reuniting the goods with the seller.

bru88

unholyangel wrote: »

IMO which have failed with their advice again, what the heck happened to them? They need to be given the information in a durable medium for the consumer to be liable for return postage costs.

I suppose they take it that displaying terms and conditions & returns policies on their website IS a durable medium that is accessible to the consumer.

bru88

frugal_mike wrote: »

The section on paying for returns does not mention that failing regulation 8 means the seller pays for returns though. it just says that the consumer pays if the terms of the contract say they should (and they have no right to reject the item). That seems an oversight if that is what was intended.

I suppose the interpretation is that if the seller fails to specify then the consumer can say "I am under no obligation to pay for the return (sending) of the goods to you. But neither are you. However I am under no obligation to return (send) the goods to you fullstop. So if you want me to return (send) the goods then you must agree to pay the carriage. If you do not agree to pay the carriage and if you do still want your goods back then be my guest and come and collect them from my premises at your own expense (because you cannot force me to pay for it and you cannot force me to send it)".

wealdroam

bru88 wrote: »

I suppose they take it that displaying terms and conditions & returns policies on their website IS a durable medium that is accessible to the consumer.

The OFT take a different view.

In their guide they say:

Durable medium is not defined in the DSRs. Our view is that it means a form in which information can be retained and reproduced but cannot be edited, such as an email that can be printed or a letter, fax or brochure that can be kept for future reference. We do not consider that information on a website is durable as it can be changed at any time after the consumer has accessed it. Technological advances may change what we regard as durable in the future.