Distance Selling Regulations Act

[filthiestfis]

According to the Distance Selling Regulations Act, if I have purchased an item over the internet, and used the item for a couple of days to test it out (the item being a dongle for internet use), am I therefore exempted from returning the item to the seller?

Am I only covered by the 7 day cooling off period if the item has been "untouched"?

[kempie]

The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.

Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to [the supplier]. This does not mean that they have to return them - unless stipulated in the contract - only that they make them available for [the supplier] to collect.

http://www.oft.gov.uk/advice_and_resources/res ource_base/legal/distance-selling-regulations/ cancellation-periods

[filthiestfis]

Hi Kempie
That is good news. The reason why I ask is because the particular company with whom I committed to a contract with is 3, and they supplied me with a 14 day peace of mind guarantee which says:

"To meet the terms of our peace of mind guarantee, you must not have used your handset or sim and it must be returned on or before the notification date shown on your receipt".

In fact, the notification date shown on the receipt is 11 days after purchase date (also shown on receipt) so I don't know what they're playing at.

[filthiestfis]

Can someone reply to this please?!

[Amilcar]

I am not a legal professional. I do have some experience of claiming in a distance selling situation. My understanding of Consumer Protection (Distance Selling) Regulations 2000 is that they would take precedence in your circumstances. The supplier/contractor's offer of some form of gttee must not deprive you of your basic rights. It is important that you let them know in writing (an Email will do but make sure you have a copy with the date and time on it) that you have cancelled the sale. (I would say in it simply that you have found the product unsatisfactory and you understand that you have a right to cancel the sale; that you are doing so by means of this Email and wish to have clarification of their returns policy as soon as possible). You must have done this within the cooling off period if they have given you the required "information before contract" which means telling you your rights before you commit to purchase. This info must include your cancellation rights, if you haven't been alerted to your rights, the cooling off period is extended.. Forget their Peace of Mind nonsense. Google and read the DSR 2000 Regs one step at a time. Most will not apply to your particular case but Regulations 7, 10 and 11 cover the main aspects.If they are difficult with you, quote these Regs anyway as it might make them take notice and open up a dialogue with you. Good luck.

[filthiestfis]

Thank you. I did manage to cancel it by phone and got a bag from them to use in order to return the modem by special deilvery. I cancelled by telephone though so does this mean that I am not protected?

[Amilcar]

If they have sent you a bag to 'collect' the item, it sounds like the refund process is underway. So what is the problem? On what basis have you returned the item? Have they promised a refund; or a credit note or what?