DSR - sale items excluded?

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  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Just to add...the cancellation period is normally 14 days from the day after you receive the goods. However, if the retailer does not comply with telling you that a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38 then the cancellation period is extended.

    If the trader provides the information otherwise than in accordance with part 2, the cancellation period is 14 days starting the day after the consumer received the information.

    If the trader never provides the information, then the cancellation period is 12 months & 14 days from the day after delivery.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • macman
    macman Posts: 53,098 Forumite
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    But in many cases, a refund for a change of mind is a legal right even if the purchase was made face to face in a shop.
    If a shop has an advertised policy stating that returns can be made for any reason (such as John Lewis) then the terms of the policy form part of the contract of sale and are legally binding on both the buyer and retailer.

    Because many retailers have a similar policy, it's easy to see why many people wrongly assume that this applies to all retailers.

    It's not an automatic legal right. It's a discretionary right granted to the purchaser by the seller that goes beyond their statutory rights, and can of course be as generous or as limited as the retailer wishes. As you say, most larger retailers offer some sort of rights to return, but it should never be assumed that they do.
    No free lunch, and no free laptop ;)
  • bris
    bris Posts: 10,548 Forumite
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    macman wrote: »
    It's not an automatic legal right. It's a discretionary right granted to the purchaser by the seller that goes beyond their statutory rights, and can of course be as generous or as limited as the retailer wishes. As you say, most larger retailers offer some sort of rights to return, but it should never be assumed that they do.
    I think what Hermione was saying is that if the retailer states in their terms that they will allow a return for change of mind then this does become a legal right as it forms part of the contract.


    The don't have to but if they do then legally they are bound by it.
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