Distance Selling Regs - Are Electronic Goods Covered?

JasonCooke

I've edited this after posting. Sorry for the pants title. I meant edocuments not goods.

I paid for a PDF document to be specific. I bought the wrong thing by accident and asked for a refund after paying for the correct thing.

I was refused and was sent this line from their T&C's.

"As our Services are provided within a period of less than 7 working days any right to a "cooling-off" period under The Consumer Protection (Distance Selling) Regulations 2000 SI 2000/2334 does not apply."

Is this right?

Thanks
J

marliepanda

Did they already send you it?

Pretty sure it won't as you could have saved it, then went oh no not the right thing.

As they said this is a 'service' in that it has started already, you have 'used' the item already

marvin

Train tickets aren't covered so I guess these aren't either, buy the wrong ticket it cannot be changed without paying £10 even if you ask for a change before they are physically printed.

teffers

I'm not sure, but here's a guide to the DSR for businesses :

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

InsideInsurance

http://dshub.tradingstandards.gov.uk/dsrexplained

The above says that electronic products etc are considered a service in which case their DSR rights can end the moment the service is commenced as long as you've informed them of this in an appropriate method beforehand

bod1467

InsideInsurance wrote: »

http://dshub.tradingstandards.gov.uk/dsrexplained

The above says that electronic products etc are considered a service in which case their DSR rights can end the moment the service is commenced as long as you've informed them of this in an appropriate method beforehand

Pertinent part in bold ... was this clear (in the T&Cs, or email confirmation with download link) prior to purchase/download?

unholyangel

marvin wrote: »

Train tickets aren't covered so I guess these aren't either, buy the wrong ticket it cannot be changed without paying £10 even if you ask for a change before they are physically printed.

What makes you think these are comparable to train tickets? The two are completely different products/services.

Train tickets are exempt from regulations 7 through to 19(1) due to the below:

(2) Regulations 7 to 19(1) shall not apply to—

(a)contracts for the supply of food, beverages or other goods intended for everyday consumption supplied to the consumer’s residence or to his workplace by regular roundsmen; or

(b)contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.

Digital services are covered under the below:

(3) Subject to regulation 9, prior to the conclusion of a contract for the supply of services, the supplier shall inform the consumer in writing or in another durable medium which is available and accessible to the consumer that, unless the parties agree otherwise, he will not be able to cancel the contract under regulation 10 once the performance of the services has begun with his agreement.

bris

Can you blame them, soon as you get a PDF document you can just save it. Everyone would just save it and ask for a refund, this is why such content is not covered.

InsideInsurance

bris wrote: »

Can you blame them, soon as you get a PDF document you can just save it. Everyone would just save it and ask for a refund, this is why such content is not covered.

Arguably everyone who orders a CD or DVD will just rip it/ copy it and send it back but they are covered by the DSR

shaun_from_Africa

InsideInsurance wrote: »

Arguably everyone who orders a CD or DVD will just rip it/ copy it and send it back but they are covered by the DSR

CD's and DVD's are exempt from the right of cancellation provided that they are sealed when supplied and the consumer unsealed them.

InsideInsurance

shaun_from_Africa wrote: »

CD's and DVD's are exempt from the right of cancellation provided that they are sealed when supplied and the consumer unsealed them.

Where is that in the law? Cant remember the last time I ordered a CD to remember if it was sealed or not - certainly many inshop purchases havent been