long distance selling regularions,

ellajuk

Query with regards to the long distance selling regulations, which state then when an item is purchased that certain details including the cancellation policy should be provided in writing or by email. however... I quote........

Failure to provide this information by the trader will entitle you to a much longer period in which to cancel the order, as your right to cancel doesn’t end until 7 working days from the day after the seller does provide it. This is up to a maximum of 3 months and 7 working days from when you placed your order.


So if say this was not supplied in the order email or delivery email would then one have a right to a refund within a period of 3 months 7 days ?

agrinnall

Given that you refer to 7 days I think you must be looking at the DSRs. However, they were recently replaced by the Consumer Contracts Regulations, which are subtly different (for instance, 7 days is now 14 days), so you really need to check them to determine what your rights are - we're still getting to grip with the changes on here so I for one am not fully up to speed on them.

http://www.moneysavingexpert.com/news/shopping/2014/06/shopping-online-or-by-phone-your-consumer-rights-are-now-boosted

wealdroam

ellajuk wrote: »

Query with regards to the long distance selling regulations, which state then when an item is purchased that certain details including the cancellation policy should be provided in writing or by email. however... I quote........

Failure to provide this information by the trader will entitle you to a much longer period in which to cancel the order, as your right to cancel doesn’t end until 7 working days from the day after the seller does provide it. This is up to a maximum of 3 months and 7 working days from when you placed your order.


So if say this was not supplied in the order email or delivery email would then one have a right to a refund within a period of 3 months 7 days ?

The Distance Selling Regulations, which you seem to be quoting from some guidance to, have been superceded.
For your question the principle remains the same, just that the period is now 14 calender days.

The legislation actually talks about durable means, so as well as those methods you mention, a packing slip, or delivery note with the delivered package would also be acceptable.
Check the back of any paperwork delivered with the goods.

ellajuk

Hi Agrinnal, thankyou.. The Issue I had is before the new regulations have come into force, which is sometime in June this year I believe.

ellajuk

Hi, The packing slip/invoice referred to `see refund policy on website`
But their refund policy, is on a different page than the cancellation policy, so I guess that one would be unaware of the cancellation policy existing, unless they hunted for it.

wealdroam

ellajuk wrote: »

Hi, The packing slip/invoice referred to `see refund policy on website`
But their refund policy, is on a different page than the cancellation policy, so I guess that one would be unaware of the cancellation policy existing, unless they hunted for it.

You need to be notified of you cancellation rights by a durable means.

Posting them on a website is not durable.

The point is that you have a copy of the cancellation terms that cannot be altered by the seller... them being on a website is not good enough.

So, to answer your original question, yes you have three months and seven wokring days in which to notify them in writing of your wish to cancel the transaction if you do not have the required documentation supplied.

unholyangel

The only thing I would add on to the above post is that if they have since provided you with the required information in a durable format, that you would have 7 working days starting the day after receiving that information.

(3) Where a supplier who has not complied with regulation 8 provides to the consumer the information referred to in regulation 8(2), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the consumer receives the goods, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

(4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the consumer receives the goods.

ellajuk

Thank you all clarifying this in more detail.