Distance Selling Regulations, a bit of help needed

[Bifta]

I've just taken delivery of a new PSU for my PC, about £120's worth, fitted it and it's blown 3 power cables so far. I phoned the company that sold it to me straight away and they said that I'd have to send it back at my own cost, signed for, which works out at over £18, are they allowed to do this?

[Graham M]

Yep afaik. Ive had to do similar before.

[Shaun]

No, they're not. The only time you should have to pay is when you agree to do so. They should arrange to come and collect it. I even managed to get Ebuyer to do this the last (and final) time I used them. If thy still won't do it ring your local trading standards and ask them to fax a letter to the company confirming this. Should get their attention.

HTH

[Graham M]

Does anyone know where a full copy of the distance selling regs is available from?

[orangebird]

Does anyone know where a full copy of the distance selling regs is available from?

here (http://www.hmso.gov.uk/si/si2000/20002334.htm) you go :)

[scrotnig]

I am not sure distance selling comes into this.

The PSU could be classed as not fit for the purpose for which it was sold, and therefore it could be rejected, I would have thought.

[Shaun]

All goods sold in the UK are subject to the Sale of Goods Act 1979, ie they must be 1) As advertised, 2) Of satisfactory quality and 3) Fit for purpose, but clearly this item is not.

Also, under the Sale & Supply of Goods and Services to Consumers Regulations 2002 you have the legal right to choose repair, replacement, partial or full refund or compensation if a fault appears within 6 year (5 in Scotland) and it's reasonable for goods to last that long. If you complain within 6 months the onus is on the retailer to prove that the fault was not present at time of sale, after that time, however, you have to prove the item was faulty.

If they are unable to fulfil the contract then you should be entitled to a full refund of all costs involved in the transaction

"You have a right to 'reject' faulty goods. If you tell the seller promptly that the goods are faulty and you don't want them, you should be able to get your money back. As long as you have not legally 'accepted' the goods you can still 'reject' them †“ that is, refuse to accept them."

It also doesn't matter if you signed a form saying you accepted the goods on delivery, that doesn't remove your right to reject them subsequently.

http://www.oft.gov.uk/NR/rdonlyres/DECB976C-DC9C-4214-82EE-4ED114EBB4E3/0/oft002c.pdf



This is deceptive, you are not claiming under warranty, you are claiming because the goods were faulty and your contract is with Aria who are obliged to rectify it. If they keep up with this, contact Trading Standards because it is illegal for them to try to avoid responsibility in this way.

You also have rights under The Consumer Protection (Distance Selling) Regulations 2000 such as a 7 day cooling-off period after the order is placed, during which time you can cancel the order.

http://www.dti.gov.uk/ccp/topics1/guide/distsell.htm

http://www.dti.gov.uk/ccp/topics1/facts/distancesell.htm



If you had simply decided to change your mind and the company had already sent the goods, then you would be liable for the costs of returning them.

However since you are rejecting the goods under your Sale of Goods Act rights, you are not liable for the costs of returning them.

"You're not legally obliged to return faulty goods to the seller at your own expense, unless you agreed this in advance. If a bulky item is difficult or expensive to return, ask the seller to collect it. This does not apply when you complain about faults after having 'accepted' the goods †“ or if the goods were a present."
http://www.oft.gov.uk/Consumer/Your+Rights+When+Shopping/your+rights+buying+goods.htm

http://www.oft.gov.uk/Consumer/Your+Rights+When+Shopping+From+Home/online+shopping+wrong.htm

One other point of interest is that if you paid by Credit Card and the goods cost between £100 and £30,000 then under Section 75 of the Consumer Credit Act the Card Issuer is jointly and severally liable for the resolution of the contract, ie you can take it up with them if you get no joy from the retailer.

The best way to proceed is to contact the retailer in writing (send it Recorded Delivery for proof) telling them that you are rejecting the goods as per your rights under the Sale of Goods Act etc and that you either want a replacement or a complete refund.

Inform them that the faulty item is available for collection and this can be arranged at a time that's convenient to you.

If they try to fob you off or offer you only a partial refund, contact your local Trading Standards department who can help you further.


http://www.cableforum.co.uk/board/showpost.php?p=262980&postcount=8

[SMHarman]

What Graham said.

Under distance selling if you recind a contract then you must return the goods or make them available for collection (however this collection will be at your cost).

SOGA says you have been sold a dud and they have to rectify this though. Tell them that. Any mature company will get on and collect and replace - even ebuyer.

Incidently ebuyer seem to have got through their growth pains and are pretty good at the moment. Both my recent return and faulty item have been dealt with timely and deliveries are getting out the door promptly too. I'm happy to be using them again.

[Graham]

What Graham said.


Gosh, it's nice when you don't even have to write the posts any more...! :D