Distance Selling Regulations - HotUKDeals
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Distance Selling Regulations

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banned9y, 6m agoPosted 9 years, 6 months ago
Ordered myself one of the Del E520 computers, need to return it due to it being faulty.

Where would I stand with DSR if I got Dell to replace my E520? I'm already close to the end of the 7 working day cooling off period, not sure if the 7 day cooling off period starts over when you receive the replacement...

Dell were supposed to pick my dead E520 up today - They didn't. I'm going to phone them up tomorrow.
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banned9y, 6m agoPosted 9 years, 6 months ago
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[mod]#1
Aion
Ordered myself one of the Del E520 computers, need to return it due to it being faulty.

Where would I stand with DSR if I got Dell to replace my E520? I'm already close to the end of the 7 working day cooling off period, not sure if the 7 day cooling off period starts over when you receive the replacement...

Dell were supposed to pick my dead E520 up today - They didn't. I'm going to phone them up tomorrow.


If you accept the replacement then that's the end of your cooling off period as you are accepting you want the product but you can return the broken one for a refund if you prefer as long as it was within the 7 days.
banned#2
Syzable
If you accept the replacement then that's the end of your cooling off period as you are accepting you want the product but you can return the broken one for a refund if you prefer as long as it was within the 7 days.


Thanks, I guessed that's how it works. :thumbsup:

I'll just have to re-order the E520 or another computer instead of getting it replaced, wouldn't feel safe without knowing I could demand a full refund without them legally being able to put up an argument.
#3
Heres a useful link to the distance selling regulations on the office of fair trading website:

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

Always handy if you buy online alot;-)
banned#4
angelkelly
Heres a useful link to the distance selling regulations on the office of fair trading website:

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

Always handy if you buy online alot;-)


I understand the 7 working days cooling off period that applies to everything you don't buy in person from a store. :thumbsup:

What I haven't seen/read much about what happens after you accept a replacement and move outside the 7 working day period, which is the only part really confusing me. It's too risky to go for a replacement in my current situation if I won't still have the right to demand a refund, luck isn't on my side right now - I've already returned one E520 before this.

While I'm here... Why do certain online websites put that you have to pay a 10-20% restocking fee should you wish to return your purchase? Surely there must be some kind of law restricting online stores from giving consumers false information... :?
#5
Aion
While I'm here... Why do certain online websites put that you have to pay a 10-20% restocking fee should you wish to return your purchase? Surely there must be some kind of law restricting online stores from giving consumers false information... :?


Good point!

I suppose some sites dont build in the cost of the returns in to their product prices (which is great for the consumer - unless you want to return anything). I would say that this is more frequent on auction sites etc where they can get way with it more. Plus on the likes of feebay they know to a certain extent they can send you cr*p and scare you off with the restocking fees and high postage costs.
#6
DSR applies to anything on the net - if an item couldn't reasonable be tested due to a fault - it's returnable under SOGA. Once a replacement is recieved DSR kicks in - 7 working days to inspect the item starting the day after you recieve it (to account for the fact that on the day of receipt you dont have a full 24 hours). You may however still be liable for return postage - which with a computer is not going to be negligable.
With Dell however I have never had a problem with this regard - their own policy allows for them taking it back at cost - though more likely they'll offer 10% in cash or 20% in accessories back as a bribe to keep the item.
banned#7
seancampbell
Once a replacement is recieved DSR kicks in - 7 working days to inspect the item starting the day after you recieve it


Wait a sec, didn't Syz say DSR doesn't apply on replacements?

I'm getting fairly confused. If the cooling off period restarts after you ask the store for a replacement, no problem, I could simply ask for my current unit to be replaced, avoiding having to wait for my CC to show the refund.
#8
Aion
Wait a sec, didn't Syz say DSR doesn't apply on replacements?

I'm getting fairly confused. If the cooling off period restarts after you ask the store for a replacement, no problem, I could simply ask for my current unit to be replaced, avoiding having to wait for my CC to show the refund.


It depends on the nature of the replacement. If it arrives, works for three months then dies then obviously no DSR doesn't give you rights. If it was faulty upon arrival you never had the original cooling off period thus it is transferred to the replacement.
banned#9
The restocking fee part of the John Lewis rules put me off buying a TV from them. The phone staff kept telling me I had to pay the restocking fee when I called them, even after mentioning the DSR cooling off period.

seancampbell
It depends on the nature of the replacement. If it arrives, works for three months then dies then obviously no DSR doesn't give you rights. If it was faulty upon arrival you never had the original cooling off period thus it is transferred to the replacement.


Yes, I'm aware 3 months wouldn't go with the "within a reasonable amount of time" part of DSR. DSR only applies for the first 7 workings days, unless of course the store are good with returns (Amazon) and increase the amount of time you have in their own T&C.

Even though you've pretty much said it, I'd just like you to answer yes/no so there is absolutely no grey area: Would I still be fully within my rights to demand a refund using DSR after receiving the replacement, using it and going beyond the 7 day period given to my current dead E520?

It would be helpful if I could find something about replacement orders to quote from the DSR information on the web...
#10
Yes minus carriage both ways, although if you spec'd up the computer at all instead of default choices Dell can just argue DSR is inapplicable as it was a good made to your personal requirement or specification. Would be how I'd keep the sale if I were them.
banned#11
It seems DSR is interpreted in different ways by various websites - Some are happy to let you test the item under DSR, others claim DSR doesn't apply if it's opened. This law must surely have been created to spread confusion.
#12
Testing is rather vague - it needs to be returned in a saleable condition - ie something that looks just as new, else companies would be even more short changed. DSR allows the retailer to make a reasonable deduction, at their discretion, if the item returned is not in 'as new' - ie. unopened - condition, to reflect the resulting loss in value. They can't refuse your rights except for certain goods such as perishables (Trading Standards website has a list if you don't want to read the statute).

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