distance selling rule query

InsideInsurance

bod1467 wrote: »

You can't. An email is stored by the recipient and cannot be changed by the sender.

(Well, in theory, the email contents could point to an internet image whose contents can be changed. But this would be easily spotted should the recipient turn off their internet connection. And if it went to court anyone doing this would leave themselves open to being reamed).

Exactly, an image or using javascript etc to pull back the copy from a webservice etc that would all stop working if internet was turned off.

How the courts would react is speculation unless there is any case law. Presumably the retailer would say it is an email and claim the terms were as originally sent. That they use imaging simply to track receipt in a similar way to the normal 1x1 white pixel is on marketing emails etc

atemp01

It is probably best just to print on the reverse of their despatch note.

bod1467

atemp01 wrote: »

It is probably best just to print on the reverse of their despatch note.

Would be a reasonable idea. OR just add the relevant text to your template for your order acknowledgement email.

atemp01

Ok. Thank you all for your advise. Can anyone suggest the wording of the returns and fault part of the T & C's

bod1467

http://dshub.tradingstandards.gov.uk/ is as good a place to start as any, especially Information you are required to provide to customers.

frugal_mike

bris wrote: »

With DSR you can stipulate in your durable info that the buyer is responsible for return costs, although you must pay back the original purchase price including delivery. Read up on what durable info you need to give them.

It's not quite as simple as that. The Distance Selling Regulations says that the seller must pay for the cost of return when a consumer has the right to reject the goods (for any reason, including the SOGA). This overrides anything that the seller puts in their terms and conditions.

It's not a case of Distance Selling Regulations or SOGA, they both apply equally to qualifying contracts. There's more to the Distance Selling Regulations than just the right to unilaterally cancel the contract within 7 working days.

DD265

I know it's too late on this occasion, but I work for a mail order retailer and where possible we'll verify a manufacturing fault through photographs first. In that way we can be confident in collecting goods or more often than not we like to arrange a swap dropping off and picking up at the same time.

The bulk of customers are agreeable because it makes the whole process go quicker and there's no risk of them paying for return postage for something that turns out not to be faulty.

atemp01

DD265 wrote: »

I know it's too late on this occasion, but I work for a mail order retailer and where possible we'll verify a manufacturing fault through photographs first. In that way we can be confident in collecting goods or more often than not we like to arrange a swap dropping off and picking up at the same time.

The bulk of customers are agreeable because it makes the whole process go quicker and there's no risk of them paying for return postage for something that turns out not to be faulty.

I always ask for images to be sent to me in the first instance so that I can evaluate myself. I may even forward on to my supplier if it seems to be a genuine issue or to the courier company if it is damage from transit for a claim. On this occasion as the customer flatly refused a replacement or alternative I arranged a collection. I think I may have said earlier it is often cheaper for me to collect than ask a buyer to return and repay their postage costs. If I had proof in the form of an image I could at least given the base back to the supplier for a credit to recoup some of my loss. In most cases where there is a fault the customer will email a photo. And 99% of the time I can just ask them to dispose of the item and send them a replacement or refund without the hassle of returning items. It is just some cases where the customer insists that we collect.
Good news on this is I have been to my supplier (luckily they are local) and raked though their returns and have found a matching shade! All is not lost.