Business "regulations". Illegal?

MamaMoo_2

I'm pretty sure I'm right in saying that this is against SOGA, am I right?
Someone I know is adamant that these rules are "fair".

MamaMoo_2

The picture doesn't appear to be showing up, so here's the "announcement"
"Some new regulations have started today for when you buy goods. As the products I sell are edible, I can only exchange or refund if the item arrives damaged or is not what you ordered. I must be contacted within 14 days of purchase and the item must be returned to me with all original packaging at the cost of the buyer. Thanks for reading x"

unholyangel

New regulations have started but nothing about goods being excluded on grounds of being edible I believe (havent read every section but had a skim through - although have previously read the draft version) - although goods likely to deteriorate or expire rapidly are (as they were previously) excluded from the right to cancel.

Plus obviously if the "goods" arent as ordered/damaged.....the seller is liable for the return costs.


What is it they're selling?

MamaMoo_2

It's a sweet distributor.
I just thought it was a bit of a joke to insist that buyers must rectify the sellers !!!!-ups at their expense.

ThumbRemote

They might think it's fair. Fairness is irrelevant; it's what the law says that counts.

http://www.legislation.gov.uk/uksi/2013/3134/part/3/made

Section 28 and 29 lists the exclusions to the right to cancel. There is nothing specific to edible products, bar unholyangels point above.

browneyedbazzi

That seller has misunderstood the new Regs (and the SOGA)....which isn't difficult to do because they are a bit complicated. Up until now I would have pointed them at the distance selling hub to learn about the rules, but it doesn't appear to have been updated yet. The best guidance I've come across so far is this one:


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

I think some people misunderstand the exemption from cancellation rights for highly perishable foodstuffs and just think 'if you eat it, it's exempt'. A lot of food products are not highly perishable and it is unlikely that this exemption will apply except for items marked with a use-by date or fresh produce (eg. fruit, veg, bread and bakery items). Sweets are not often highly perishable.