Cut fabric refund?

Foxtrotter

Thanks for all your replies to this problem.

I think that based on responses received here and on another forum, its clear that the distance selling regulations cover most online purchases with a few exceptions including the one which is relevant to this case.

"(b) the supply of goods that are made to the consumers specifications or are clearly personalised"

It is debatable whether this would apply to cut fabric (or carpets etc) and has never as far as I know been tested in law, and certainly it is not something I would want to pursue due to the low cost of the goods.

So I think my question has been answered.

I'm still surprised however about the £42 rule, which seems to suggest that any rubbish can be sold online as long as it has a value below this figure, without fear of it being returned for a refund. I wonder when they drew up the legislation, how they arrived at this figure?

CardinalWolsey

Foxtrotter wrote: »

I'm still surprised however about the £42 rule...when they drew up the legislation, how they arrived at this figure?

£42 is (or rather was) roughly €50, if that has any relevance.

unholyangel

Foxtrotter wrote: »

I'm still surprised however about the £42 rule, which seems to suggest that any rubbish can be sold online as long as it has a value below this figure, without fear of it being returned for a refund. I wonder when they drew up the legislation, how they arrived at this figure?

No, the £42 rule relates to off-premises contracts. Under the CCRs there are 3 types of contracts:

1) Distance - this will cover online/over the phone purchases, where there is no face to face between you and the retailer before the contract is concluded.
2) Off-premises - a contract concluded face to face but not on the businesses premises, a offer made face to face (and later concluded by other means regardless where and face to face/by distance) and others, but that would cover for example a rep visiting you in your home to sell you a kitchen/windows.
3) On-premises - which is every other contract that is not a distance or off-premises contract.

So the £42 rule doesn't apply to online purchases.

neilmcl

Foxtrotter wrote: »

I'm still surprised however about the £42 rule, which seems to suggest that any rubbish can be sold online as long as it has a value below this figure, without fear of it being returned for a refund. I wonder when they drew up the legislation, how they arrived at this figure?

You're not understanding it correctly.

Firstly it's related to "off-premise contracts" not distance contracts, which are totally different, and, secondly, it just refers to the provision of information required to be given to the buyer for that type of contract, it does not mean items worth less than £42 are exempt from the legislation.