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  • FIRST POST
    • Former MSE Paloma
    • By Former MSE Paloma 13th Jun 14, 3:47 PM
    • 526Posts
    • 245Thanks
    Former MSE Paloma
    Shopping in-store, online or by phone? Your consumer rights are now boosted
    • #1
    • 13th Jun 14, 3:47 PM
    Shopping in-store, online or by phone? Your consumer rights are now boosted 13th Jun 14 at 3:47 PM
    Shoppers now have more protection when buying goods and services and greater rights when things go wrong ...

    Read the full story:

    Shopping in-store, online or by phone? Your consumer rights are now boosted



    Click reply below to discuss. If you havenít already, join the forum to reply. If you arenít sure how it all works, read our New to Forum? Intro Guide.

Page 1
    • deanos
    • By deanos 13th Jun 14, 4:13 PM
    • 10,905 Posts
    • 5,588 Thanks
    deanos
    • #2
    • 13th Jun 14, 4:13 PM
    • #2
    • 13th Jun 14, 4:13 PM
    just checked and sports direct are still adding items to the basket, the mug for £1 !

    Pre-ticked boxes are banned

    Additional payments or add-ons must not be set on default when you're placing an order where you could incur extra charges if you haven't actively had to untick certain boxes.

    But this doesn't apply to pre-ticked boxes that may sign you up to a newsletter or marketing emails. If you don't want to get on a mailing list, you'll need to opt out by unticking the box.
    • Sparx
    • By Sparx 13th Jun 14, 5:16 PM
    • 896 Posts
    • 498 Thanks
    Sparx
    • #3
    • 13th Jun 14, 5:16 PM
    • #3
    • 13th Jun 14, 5:16 PM
    Just looked at a few websites I knew had premium 08 numbers for customer service, to my shock and horror they now all have landline and freephone 03 numbers!

    Also tried the likes of SCS who now no longer automatically pre-tick the 5 year 'sofa guard' for an extra £120 at checkout.

    Mobiles.co.uk have stopped pre-ticking the insurance box at checkout.

    Looks like most have taken heed by this new law fairly quickly.
    • unholyangel
    • By unholyangel 13th Jun 14, 5:33 PM
    • 13,519 Posts
    • 10,842 Thanks
    unholyangel
    • #4
    • 13th Jun 14, 5:33 PM
    • #4
    • 13th Jun 14, 5:33 PM
    I'm sorry, I'm pedantic but the time limit for cancelling hasn't been doubled. It used to be a minimum of 9 calendar days. Double would be 18 calendar days.

    However there is one major downside (from a consumers perspective) to the new regulations. And that is allowing the retailer to make a deduction for any "diminished value due to consumer handling".

    I know there probably were a minority of consumers who damaged items and tried to return them but how many retailers are there that flout the law already by not refunding delivery charges, by not accepting returns unless packaging is in tact or unopened, by saying they were exempt on hygiene grounds or because they were customised when really they were selected from presets/options given by the retailer?
    Money doesn't solve poverty.....it creates it.
    • williham
    • By williham 13th Jun 14, 8:18 PM
    • 1,153 Posts
    • 703 Thanks
    williham
    • #5
    • 13th Jun 14, 8:18 PM
    • #5
    • 13th Jun 14, 8:18 PM
    Amazon still selects first class postage over free, is this allowed now?
    • bris
    • By bris 13th Jun 14, 8:23 PM
    • 8,646 Posts
    • 7,562 Thanks
    bris
    • #6
    • 13th Jun 14, 8:23 PM
    • #6
    • 13th Jun 14, 8:23 PM
    Anyone who cancels or asks for a refund has 14 days to return the goods (you may have to pay for the return cost), otherwise traders can withhold refunds until the goods are returned and they can reduce the amount of money refunded.

    That is certainly new and a big plus for the retailer, before they had to refund regardless of whether they got the goods back or not, a bit common sense, the retailers had the short end of the stick there. Maybe now the buyers will be a bit more careful when ordering.

    As for the rest the only real difference I can see is the time to return is now 14 calendar days. The rest most retailers will just ignore as always.
    • SuperHan
    • By SuperHan 14th Jun 14, 8:43 AM
    • 2,160 Posts
    • 1,301 Thanks
    SuperHan
    • #7
    • 14th Jun 14, 8:43 AM
    • #7
    • 14th Jun 14, 8:43 AM
    Anyone who cancels or asks for a refund has 14 days to return the goods (you may have to pay for the return cost), otherwise traders can withhold refunds until the goods are returned and they can reduce the amount of money refunded.

    That is certainly new and a big plus for the retailer, before they had to refund regardless of whether they got the goods back or not, a bit common sense, the retailers had the short end of the stick there. Maybe now the buyers will be a bit more careful when ordering.

    As for the rest the only real difference I can see is the time to return is now 14 calendar days. The rest most retailers will just ignore as always.
    Originally posted by bris
    Another biggie from looking at the official docs is that refunds can be partial if the item is used. No software configuration allowed for computers, no installation of kitchen appliances etc etc, you can unpack to as you would see in a shop, but protective seals must be kept in place for a full refund.

    From the general spirit, I wonder how this affects hygiene products, as it seems reading between the lines that opened hygiene products won't be refunded in full, as you couldn't do that in the shop I can't find an explicit reference though....

    ***EDIT***
    Found the belo. Seems my suspicions were correct.

    The rights conferred by this Part cease to be available in the following circumstances—
    (a) in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
    Last edited by SuperHan; 14-06-2014 at 8:54 AM. Reason: Found the cntrl f function
    • grumbler
    • By grumbler 14th Jun 14, 11:01 AM
    • 51,709 Posts
    • 21,932 Thanks
    grumbler
    • #8
    • 14th Jun 14, 11:01 AM
    • #8
    • 14th Jun 14, 11:01 AM
    Key changes under the new regulations, which apply when shopping in-store, online or over the phone, include:
    • Doubling the time limit for cancelling contracts and returning goods from seven working days to 14 calendar days.
    by Paloma Kubiak
    I think this statement is unintentionally misleading and needs clarification at the very start.
    We are born naked, wet and hungry...Then things get worse.

    .withdrawal, NOT withdrawel ..bear with me, NOT bare with me
    .definitely, NOT definately ......separate, NOT seperate
    should have, NOT should of
    .....guaranteed, NOT guarenteed
    • mikb
    • By mikb 14th Jun 14, 7:00 PM
    • 138 Posts
    • 96 Thanks
    mikb
    • #9
    • 14th Jun 14, 7:00 PM
    • #9
    • 14th Jun 14, 7:00 PM
    Considering how long this has been coming for, you'd think big companies would be ready to switch over on the day, or even before.

    BBC Local Radio: have moved their numbers from 0845 to 0345, even though it's not really a "customer care" number, and they cut you off and call back anyway. Full marks. They started the change a while back.

    HSBC: Still using 0845 numbers for customer "care" (website, paper statements), I wonder how long before they catch up to the law?
    • Browntoa
    • By Browntoa 14th Jun 14, 7:08 PM
    • 34,916 Posts
    • 40,978 Thanks
    Browntoa
    looking at all the banks its more or less the same , are they excluded as we are not actually buying from them ?
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's , Boost your income and Discount Code boards which means I volunteer to help get your forum questions answered and keep the forum runnning smoothly .However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • unholyangel
    • By unholyangel 14th Jun 14, 7:14 PM
    • 13,519 Posts
    • 10,842 Thanks
    unholyangel
    looking at all the banks its more or less the same , are they excluded as we are not actually buying from them ?
    Originally posted by Browntoa
    Sorry for the source but it provides the information you're after

    http://www.dailymail.co.uk/news/article-2603078/Banks-told-stop-using-premium-rate-0845-numbers-customers-ring-help.html

    Basically financial and government sectors were exempt.
    Money doesn't solve poverty.....it creates it.
    • grumbler
    • By grumbler 15th Jun 14, 9:28 AM
    • 51,709 Posts
    • 21,932 Thanks
    grumbler
    To be fair, MSE article does say this:
    "... here are some exclusions such as package travel contracts, construction contracts and most financial services"
    We are born naked, wet and hungry...Then things get worse.

    .withdrawal, NOT withdrawel ..bear with me, NOT bare with me
    .definitely, NOT definately ......separate, NOT seperate
    should have, NOT should of
    .....guaranteed, NOT guarenteed
    • 6 6 6
    • By 6 6 6 15th Jun 14, 11:12 PM
    • 59 Posts
    • 50 Thanks
    6 6 6
    What a farce
    This has big business influence written all over it. Corporatism wins over yet again, wonder how much cash lined back pockets in Brussels this time.

    Firstly the changes allow a retailer to refuse a full refund if the goods are opened i.e. a mobile phone box seal is broken. This is utter BS ! The mobile phone or any other product, that might have a box seal on it can be on display in a shop thus seal would have to be broken, or indeed a bra worn by people trying them on as they do in many shops only to be put back on the peg. This makes a mockery of the whole purpose of the DSR and can only be retailer wet dream. We lose!

    There is by no means a 'doubling' of the time scales for someone to cancel, that's blatant spin, this is intentional misrepresentation albeit made by a most transparent and simple minded fool. Should you have received your goods on a Friday 22nd August, you would have until the 3rd Sep to cancel. With the new regulations, this becomes 5th, only 2 extra days. This is pretty much the elephant in the room, taking some of the emphasis off the real shortcoming, now you only have 14 days to return the product vs 30 days resulting in much harsher demands on the consumer, in affect a worse predicament for busy folk. We lose!


    Someone here said "Maybe now the buyers will be a bit more careful when ordering." Obviously the sentiments of a retailer, but also very misguided as a result. The whole purpose of the act was to protect consumers and provide them with the ability to check goods are as advertised. Itís not about being careful in the first place! It's about extending the same ability to inspect goods as one would typically expect in a shop with the goods on display and indeed demonstrable in use, much as you could ask the shop assistant to plug an item in and demonstrate how it works.


    Overall this is merely a tightening of the rules in favor of the retailer and does very little to enhance benefit for the consumer, in some cases it puts consumers at a greater disadvantage.
    • unholyangel
    • By unholyangel 15th Jun 14, 11:40 PM
    • 13,519 Posts
    • 10,842 Thanks
    unholyangel
    This has big business influence written all over it. Corporatism wins over yet again, wonder how much cash lined back pockets in Brussels this time.

    Firstly the changes allow a retailer to refuse a full refund if the goods are opened i.e. a mobile phone box seal is broken. This is utter BS ! The mobile phone or any other product, that might have a box seal on it can be on display in a shop thus seal would have to be broken, or indeed a bra worn by people trying them on as they do in many shops only to be put back on the peg. This makes a mockery of the whole purpose of the DSR and can only be retailer wet dream. We lose! The new regs actually state you are allowed to examine them as you would in a shop, however they fail to define what exactly that means (some shops only have dummy models that don't work)

    There is by no means a 'doubling' of the time scales for someone to cancel, that's blatant spin, this is intentional misrepresentation albeit made by a most transparent and simple minded fool. Should you have received your goods on a Friday 22nd August, you would have until the 3rd Sep to cancel. With the new regulations, this becomes 5th, only 2 extra days. This is pretty much the elephant in the room, taking some of the emphasis off the real shortcoming, now you only have 14 days to return the product vs 30 days resulting in much harsher demands on the consumer, in affect a worse predicament for busy folk. We lose! - There was never a time limit previous for returning the goods.


    Someone here said "Maybe now the buyers will be a bit more careful when ordering." Obviously the sentiments of a retailer, but also very misguided as a result. The whole purpose of the act was to protect consumers and provide them with the ability to check goods are as advertised. Itís not about being careful in the first place! It's about extending the same ability to inspect goods as one would typically expect in a shop with the goods on display and indeed demonstrable in use, much as you could ask the shop assistant to plug an item in and demonstrate how it works.


    Overall this is merely a tightening of the rules in favor of the retailer and does very little to enhance benefit for the consumer, in some cases it puts consumers at a greater disadvantage. I still think the changes do overall benefit the consumer. My only concern really is the retailers legally being allowed to make a deduction - up to the whole contract price.
    Originally posted by 6 6 6

    My comments in purple.

    Really, I'm not sure what (if any) different the new regs will make. Retailers seem to pick and choose which bits they want to adhere to already - as there seems to be little or no consequence for ignoring the law if you're a business rather than an individual.
    Money doesn't solve poverty.....it creates it.
    • arcon5
    • By arcon5 16th Jun 14, 5:42 AM
    • 13,651 Posts
    • 8,653 Thanks
    arcon5
    DSRs have for too long favoured the consumer at the retailers expenses. It has been infact been unfair to business' for a long time. So now the bars being moved and the playing field levelled of course some consumers are going to dislike it but doesn't mean its not fair. You've been overfed for too long now.

    These changes are a good move for consumers and business' and finally remove some ambiguity
    • neilmcl
    • By neilmcl 16th Jun 14, 7:58 AM
    • 12,909 Posts
    • 9,669 Thanks
    neilmcl
    I tend to agree with the above. With any consumer or contract legislation the primary goal has to be fairness and these new regs brings that to both parties.
    • bod1467
    • By bod1467 16th Jun 14, 9:50 AM
    • 14,794 Posts
    • 13,463 Thanks
    bod1467
    Is the directive actually in force? Or is it subject to implementation per the revised Consumer Rights Bill that is still going through Parliament?
    • neilmcl
    • By neilmcl 16th Jun 14, 12:10 PM
    • 12,909 Posts
    • 9,669 Thanks
    neilmcl
    Just checked and yes the regulations came into force on 13 June 2014. The Consumer Rights Bill will encompass this and other consumer focused regulations into a single core piece of legislation.
    Last edited by neilmcl; 16-06-2014 at 12:18 PM.
    • 6 6 6
    • By 6 6 6 16th Jun 14, 8:00 PM
    • 59 Posts
    • 50 Thanks
    6 6 6
    If they have come into force, as of this moment, the following government site still purports the 'old' rules. Are we absolutely sure ?

    h t t p://dshub.tradingstandards.gov.uk/dsrexplained
    • Ypaymore
    • By Ypaymore 17th Jun 14, 3:36 AM
    • 2,702 Posts
    • 1,032 Thanks
    Ypaymore
    Just looked at a few websites I knew had premium 08 numbers for customer service, to my shock and horror they now all have landline and freephone 03 numbers!
    Originally posted by Sparx
    Numerous major users continue to ignore the new rules,let alone the smaller ones, see :

    http://www.fairtelecoms.org.uk/uploads/1/1/4/5/11456053/traders_in_breach_14_june_2014.pdf

    and 03 numbers are not Freephone they are charged the same as 01/02 numbers.
    Last edited by Ypaymore; 17-06-2014 at 3:39 AM.
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