UK distance selling regulations

[AndrewT]

The UK has consumer protection regulations for consumers (not a business to business contract), eg. buying goods and services via the internet.

These regulatons are:
The Consumer Protection (Distance Selling) Regulations 2000
and the 2005 amendments
http://www.opsi.gov.uk/si/si2005/20050689.htm

I highlight the Refunds section.

Where goods or services are faulty or do not comply with contract, the consumer does not bear the cost of returning the goods.

Refunds

On the cancellation of a contract, any sum paid by the consumer must be repaid as soon as possible and, in any case, within 30 days of cancellation. The full price paid for the goods must be refunded and this includes the cost of delivery of the goods to the consumer.

In certain circumstances the supplier may charge the consumer for the cost of the supplier recovering the goods (e.g. where the consumer fails to return them). To do so, the contract must specify that the consumer is under an obligation to return the goods if he or she cancels the contract and the consumer gets notice of this in advance as part of the written confirmation relating to the right to cancel. The costs cannot be passed on to the consumer where the goods are returned because they are faulty or do not comply with the contract for some other reason.

Where the supplier wishes to send substitute goods (e.g. where the original goods ordered are not in stock, but similar goods are available), the supplier must have provided for the possibility of sending substitute goods in its contract and in the case of the consumer cancelling the contract and returning the goods, the supplier must bear the cost of such return.

Do you think this automatically over-rules (voids) contact terms that state that faulty goods and for some other specified reasons for returning goods must be paid for by the consumer?

There is another paragraph in the regulations providing for the seller not changing to a lesser standard of consumer protection:

No contracting-out

Any term in a distance selling contract which is inconsistent with the protection of the consumer as set out above shall be automatically void and as such, the supplier will not be able to rely on the term.

[tamu]

hey adrew,
when I was in london I remember buying stuff and returning the faulty stuff regardless of the contract. I think the regulations are above everythg. I think they get their costs back from the manufacturer. However Im not an expert so take it with a grain of salt.
btw happy new year

[poynton]

Do you have anything in particular in mind e.g. something bought from Ebat ?


.

[AndrewT]

Yes.
I object to the refund and return postage conditions often attached to internet purchases.

I have purchased on the condition that the refund of return postage costs are met by the Seller.
Some accept for the sake of the sale. Others won't drop the unreasonable "purchaser pays".
This is a hassle during the buying process.

If the distance selling regs over-rule all unfair terms in the conditions. Then I can simplfy the purchase arrangements and use the regs as sufficient evidence to either PayPal or my Credit Card issuer to refuse to pay the return costs.

It then becomes the Seller's choice on whether they want the damaged/faulty/wrong goods returned at the Seller's cost.

[pinkmouse]

Thread moved

/

Andrew, contact Consumer Direct for any questions like this. They are very knowledgeable, and can advise you on exactly what your rights are and what laws apply.

[AndrewT]

Thread moved from where?
It was in everything else.

[pinkmouse]

Was in Swap Meet.

[DF96]

My understanding is the the UK Distance Selling regulations only apply when the seller is a business and the buyer is a private individual. This can be unclear on ebay, as some 'private' sellers appear to be running unregistered businesses.

[jpjones3318]

The distance selling rules say they do not apply to auctions, and eBay UK says they only apply to purchases using BIN or second chance.

Funny, a 'top' UK seller tried to hide behind the distance selling rules after delivering to me a known faulty fully refurbished Garrard turntable not once, but twice. He had the rules wrong, but it didn't matter as the sale was an auction.