Distance selling regulations question

[walkerx]

well back home and done some further checking on this

 

they sent me incorrect T&C's - sent me them for a business even though they were told it was a consumer purchase - so the whole contract was void

 

under the consumer T&C's they should have sent it states they will refund full amount

 

so either way they should perform full refund...

[Location114]

Again this is just a typical case of someone thinking they know all the ins and outs of DSR when in reality you are wrong.

 

This is something that really annoys me people think they know everything about the DSR and Sales of Good act and the amount of people that actually do know what its all about and there actual rights can be counted on one hand.

 

One of the things i have noticed is people tend to read what they want to see and not what the terms and conditions state. Ie a customer says "due to the sales of good act i can return the item within 6 years if its not fit for usage" when in reality thats badly wrong.

 

For the difference you have posted about is it really worth it?

[MrSmith]

Again this is just a typical case of someone thinking they know all the ins and outs of DSR when in reality you are wrong.

 

This is something that really annoys me people think they know everything about the DSR and Sales of Good act and the amount of people that actually do know what its all about and there actual rights can be counted on one hand.

 

One of the things i have noticed is people tend to read what they want to see and not what the terms and conditions state. Ie a customer says "due to the sales of good act i can return the item within 6 years if its not fit for usage" when in reality thats badly wrong.

 

For the difference you have posted about is it really worth it?

 

What I find annoying is someone telling everyone they are wrong but not actually explaining why and what is right.

[Karis]

What I find annoying is someone telling everyone they are wrong but not actually explaining why and what is right.

 

Agreed. Sometimes, this place just seems like a ground where people can vent their frustrations on others...

 

This thread has been very useful for some people; it's cleared up a lot of misconceptions about DSR.

[walkerx]

Again this is just a typical case of someone thinking they know all the ins and outs of DSR when in reality you are wrong.

 

This is something that really annoys me people think they know everything about the DSR and Sales of Good act and the amount of people that actually do know what its all about and there actual rights can be counted on one hand.

 

One of the things i have noticed is people tend to read what they want to see and not what the terms and conditions state. Ie a customer says "due to the sales of good act i can return the item within 6 years if its not fit for usage" when in reality thats badly wrong.

 

For the difference you have posted about is it really worth it?

 

Firstly I've never stated I know it all and Secondly I'm not wrong - I've actually gone through the DSR OFT698.PDF and the others

 

A) They have to email you a copy of the T&C's as being on a website they can change them whenever they want - this is stated in the document - they actually sent me the T&C's for a business customer not a consumer - So if you actually read the document you will actually find out I am right...

 

B) The following is their own T&C's for consumers on their website

 

8.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Us at your own cost. We would ask that you exercise such right using our returns procedure set out at http://linitx.com/info.php?info=shippingreturns. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. The goods must not have been used and must be in pristine condition in their original packaging.

 

8.4 Once you have notified Us that you are cancelling the contract, We will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.

 

And yes I accept I will pay the return postage which I am not debating about, but they have breached their own T&C's section 8.4 from their website.

 

Also section 3.48 from OFT698

 

What specifically do I have to refund to the consumer if

they cancel?

3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, <B>including the cost of delivery</B>. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

 

from OFT913

 

Information to be provided once consumers have decided to buy

If you provide pre-contractual information in a form that does not allow it to be stored or reproduced by the consumer, such as during a phone call or on a website, then you must confirm in writing, or in another durable medium (such as e-mail or fax) accessible to the consumer that can be kept for future reference and which cannot be edited. We do not consider that information on a website is durable as it can be altered after the consumer has accessed it.

 

They never supplied the T&C's the only T&C's they supplied was for a business not a consumer...

 

Neither have I mentioned the SOGA and the 6 year period I am on about the DSR.

 

And yes it is worth it - why should I let them get away with not complying with the DSR - if they wish to sell goods in this way then they need to abide by them.

 

Just because you may not wish to exercise your rights as a consumer don't have a go at anybody who is willing to do this - and if you read my OP then you would have noticed I was asking a question.......