Distance Selling Act confusion

[skej21]

Hi all,

So I got a bass-related item from an online retailer which I had for a little while and it became faulty. They arranged for a replacement to be sent which turned up in an unsatisfactory condition (to me). I told them I wanted to return it and have my money back but they said I don't have the right because the seven days of the distance selling expired when they sent the first (faulty) item and didn't apply to the exchanged item.

I can't find anything online about the distance selling act and it's application to a secondary item received as an exchange for a faulty item ANYWHERE!

Any ideas on how I can get my money back or if there are any acts/regulations that would offer me fire power in my attempts to sort it?

Thanks in advance

[chrismuzz]

Distance selling regulations are different to your rights with regards to faulty items so they either don't know what they're talking about or they're trying to rip you off.

[skej21]

[quote name='chrismuzz' timestamp='1394121739' post='2388161']
Distance selling regulations are different to your rights with regards to faulty items so they either don't know what they're talking about or they're trying to rip you off.
[/quote]

Probably both!

[Dad3353]

[quote name='skej21' timestamp='1394121599' post='2388159']...Any ideas on how I can get my money back or if there are any acts/regulations that would offer me fire power in my attempts to sort it?...[/quote]

It's in the terms of the guarantee that apply. The 'return in 7 days' or whatever expired once you'd accepted the first item (and presumably were happy with until it broke, or you'd have sent it back then...).
The replacement item is also guaranteed, of course. If it's faulty, get them to accept it back for either a refund or another, satisfactory, item. If, however, you're simply disenchanted, despite it working properly, I'd say that you've no redress.
I'm not in any way a legal expert; this is simply how I think it works, given the information in the OP.
Hope this helps (but that's unlikely... )

[Musky]

I might have this wrong, but as I remember things the retailer may well be correct - you're not entitled to a refund after 7 days. You're still covered by legislation covering faulty goods (Sale of Goods Act?) but they only have to repair or replace the item.

[uncle psychosis]

[quote name='Dad3353' timestamp='1394122929' post='2388179']
It's in the terms of the guarantee that apply. The 'return in 7 days' or whatever expired once you'd accepted the first item (and presumably were happy with until it broke, or you'd have sent it back then...).
The replacement item is also guaranteed, of course. If it's faulty, get them to accept it back for either a refund or another, satisfactory, item. If, however, you're simply disenchanted, despite it working properly, I'd say that you've no redress.
I'm not in any way a legal expert; this is simply how I think it works, given the information in the OP.
Hope this helps (but that's unlikely... )
[/quote]

This would be my expected outcome, too.

[skej21]

Thanks guys!

From what I can see, the faulty item was returned and they accepted it as faulty. They then sent a new item which I believe renews the seven day distance selling act return as it's a new item and (as is the case) can vary drastically from the previous product and therefore I should be protected in being able to send it back.

I've basically emailed photos to the company highlighting the original item and the new item (and the differences in workmanship between the two) and told them that I feel that the latter is not of a standard that matches the item description (sale of goods act).

They accepted that and agreed to take it back with full refund, so were clearly trying to pull a fast one.

All sorted

[Kiwi]

Distance Selling Regs allow for a cooling off period on purchases made from legitimate businesses (not Ebay private sellers). They're regs not an act though which may explain why you couldn't find info on them.

Try these links:

[url="https://www.gov.uk/online-and-distance-selling-for-businesses/overview"]Horses mouth[/url]
[url="http://www.out-law.com/page-430"]Legal opinion[/url]
[url="http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations#link-2"]Which magazine[/url]

[Dingus]

[quote name='Dad3353' timestamp='1394122929' post='2388179']
It's in the terms of the guarantee that apply. The 'return in 7 days' or whatever expired once you'd accepted the first item (and presumably were happy with until it broke, or you'd have sent it back then...).
The replacement item is also guaranteed, of course. If it's faulty, get them to accept it back for either a refund or another, satisfactory, item. If, however, you're simply disenchanted, despite it working properly, I'd say that you've no redress.
I'm not in any way a legal expert; this is simply how I think it works, given the information in the OP.
Hope this helps (but that's unlikely... )
[/quote]


Everything depends on how long you had the original item . If you had it more than seven days then you are probably not entitled to a refund under the distance selling regulations on the replacement, providing the replacement is perfect.

If the replacement item is clearly and incontrovertibly defective then the retailer is obliged to act. Furthermore, [u][i]if[/i][/u] the replacement does not meet [i]reasonable expectations[/i] ( this is where things can get a bit tricky) of satisfactory standards , then you would have a case for saying that you had lost confidence in this product and/or their service and request a refund. If the replacement item is substandard, state your case to the retailer as to specifically why it is so in your judgement and see what they say .

Edited March 6, 2014 by Dingus

[icastle]

According to Trading Standards:

[i]If you offer a replacement for faulty goods that have been returned by the customer, the cancellation rights under the DSRs will run for seven working days from the day after the customer receives the replacement goods, provided you have previously complied with the information giving provisions in the DSRs.[/i]

http://dshub.tradingstandards.gov.uk/dsrexplained

[Dingus]

[quote name='icastle' timestamp='1394127280' post='2388247']
According to Trading Standards:

[i]If you offer a replacement for faulty goods that have been returned by the customer, the cancellation rights under the DSRs will run for seven working days from the day after the customer receives the replacement goods, provided you have previously complied with the information giving provisions in the DSRs.[/i]

[url="http://dshub.tradingstandards.gov.uk/dsrexplained"]http://dshub.trading...uk/dsrexplained[/url]
[/quote]

Even better, then.

[Dad3353]

[quote name='icastle' timestamp='1394127280' post='2388247']
According to Trading Standards:

[i]If you offer a replacement for faulty goods that have been returned by the customer, the cancellation rights under the DSRs will run for seven working days from the day after the customer receives the replacement goods, provided you have previously complied with the information giving provisions in the DSRs.[/i]

[url="http://dshub.tradingstandards.gov.uk/dsrexplained"]http://dshub.trading...uk/dsrexplained[/url]
[/quote]

Excellent clarification; I stand corrected, and have learnt something. Thanks for posting.

[icastle]

My first guess was wrong as well.

In fairness to the customer services person in question, this is a combination that rarely comes up and if most of us got it 'wrong' due to it's unfamiliarity, then it's perhaps not hugely surprising that they initially did either.