Need Clarification on Distance Selling Regulations

[jonathan_phang]

Hello All,

As per the title, need a few more bits of info in regards to Distance selling regulations, if anyone can help (Maybe I should post this in the Hardware forums, I'm sure the people there have used it a million times!!!).

Recently my dad ordered a 40" Sony Bravia LCD TV, from Dixons Online - I'm guessing this means that the purchase falls into the DS regs then - but for a couple of reasons, hes not happy with it.

Questions:

- Is this proper gov legislation? Ie. Can they refuse to take it back and not give a full refund? If they say in our T&C's there are no refunds ever (for example), do the DSR override this?

- I would be liable for any pickup costs right?

- The item has been opened and used (Although all boxes and covers etc kept). Can I still ask to return it, or can they state that it must be "Unused/unopened"?

- Does there have to be a proper, valid, technical reason why we want to return, or does it not matter.

Any answers would be great, hopefully if i get enough info then I can contact them on Monday to -most likely- have an argument with them when they laugh at me for asking...

Thanks in advance

Jonny

[hibby]

As long as you are within 7 days from delivery, it should be okay. The reason for the regulations is that you have to be able to check that what you ordered does what you want it to do, so no reason needs to be given other than you're exercising your rights under the distance selling regulations.

http://www.opsi.gov.uk/si/si2000/20002334.htm is the actual regulations, and section 14 covers the refunds policy. It even looks like it's theoretically possible to include the original delivery cost in the refund received.

You can also probably take it back to your local Dixons store instead of paying a courier to come and pick it up if that's cheaper.

[jonathan_phang]

Thanks for that - I think that I should be within my rights to ask for a return then. I didnt actually pay for initial delivery, but I think I have to pay for them to pick it up...

And do Dicons actually have any highstreet stores anymore? I thought that they were online only....

[PieEater]

And do Dicons actually have any highstreet stores anymore? I thought that they were online only....

Dixons is part of DSG (Dixons Stores Group) which includes Curry's and PCWorld - http://en.wikipedia.org/wiki/DSG_Int...nal_(retailer). I've been in a similar position and I'd reccomed you contact you local trading standards office, it's always a good position to be in if you have to speak with someone from Dixon's to say you've had legal advice fom TS and this is the position .........

[jonathan_phang]

**UPDATE**

Reopening this based on another purchase that I have made, through ebuyer. There was a duplicate order made for a CPU, and although I raised this during the day, it was not processed in time and I was told that they were unable to cancel it. I was told that if I refused delivery that I would get a refund. I didn’t even want it to come to my house in case someone accidentally signed for it, but someone at ebuyer must have intervened, as it never got delivered at all, and was returned.

However, I have got an email today that states that my refund will only be for the product, excluding delivery. Now is that right? I might think that they had a leg to stand on if it actually did come to my house, but it NEVER did! I’ve had a look in the links above (Remembering my post on this a while back) and are they within their rights? I’m a bit annoyed that I have to pay because they cant process their cancellations in time…

Please, any help would be great – it’s the second thing in the same amount of days with ebuyer and I’m seriously getting hacked off with them…

JP

[hibby]

Did you try to cancel through the usual channels, or did you use the e-notes to do so (stupidly slow system)?

I don't think this comes under the DSR, as it's just a standard termination of contract. Anyway, if they didn't actually hand anything over to the courier then they can't charge you for delivery as they can only charge you for the cost incurred (which is zero if it never left the building).

Good luck trying to convince them.

[jonathan_phang]

The cancel was through Google checkout so that might be the problem really, but I'll argue it with ebuyeer and see what comes of it...

i guess it depends on what they define the charge for delivery as. I cant say for certain that it didnt go to the depot, all i know is that they never delivered it to the address in the order. But i guess, they havent provided me the service that they are charging me for, so I shouldnt have to pay for it - its only about £5 but I'm going to argue the principle.

[kalniel]

Costs incurred could easily include the picking process, stock update, depot partial delivery, returning to the stock and inventory updates.

[jonathan_phang]

Costs incurred could easily include the picking process, stock update, depot partial delivery, returning to the stock and inventory updates.

To be honest, thats what I thought - I dont like throwing money away - but I dont know if i can be bothered to have another argument - principle or not - it gets a bit tiring really....

Guess its my fault for not picking the right bloody address in the first place!