Len Dastard's guide to the Distance Selling Regulations (DSR), part 1
Hola amigos! In the words of Mick Hucknall, if you'd don't know me by now, you will never ever ever know me. I will also sleep with your wife and all her sisters. Ha ha ha. No, if you don't know me, I am Len Dastard, a full time litigation executive and semi-retired imaginary Mexican wrestler.
It has always been my desire to bring to you, my hermosas personas, advice on what to do in situations that require the assistance of the law. This week we take a look at the Distance Selling Regulations 2000.
One of our hermanos over at HotUKDeals wanted to know their rights when receiving an item from a retailer which they then wanted to return. You can find the thread in question here.
It is quite easy to recognise what is classed as “shopping at a distance”. This can cover the following:
• telephone orders
• internet orders
• mail order from catalogues
• direct TV orders
Thankfully the law appreciates that there would be many problems with distance selling so they gave consumers rights under the Consumer Protection (Distance Selling) Regulations 2000 and the Consumer Protection (Distance Selling) (Amendment) Regulations 2005.
These regulations cover most types of goods and services but they do not cover:
• contracts for the sale of land
• purchases at a vending machine
• purchases using a public payphone
• financial services (the Financial Services (Distance Marketing) Regulations 2004 and the Consumer Credit Act 1974)
Under Section 10 of the DSR there is a right to cancel and this is known as the “cooling-off” period. In order to rely on this you must put this in writing by letter, fax or email. It is advisable to keep proof of postage. A telephone call is not sufficient unless both you and the trader agree otherwise. As the DSR cover both goods and services there are certain time limits for each. These are:
• Services – 7 working days after the day on which you agree to go ahead with the agreement
• Goods – 7 working days after the day on which the goods are received
If you comply with the requirements as set out in the DSR the retailer is expected to return your money with 30 days. If you have given goods in part exchange, the trader then has 10 days in which to return them to you in the same condition as they were given.
In Part 2 we will cover the consumer’s right to clear information and what information the retailer must provide you with before you make your purchase.
We also currently have an issue with a particular retailer which we are currently in contact with so hopefully we will be providing a worked example very soon! Adios! And remember, cierre las puertas o te estrangular a todos!