Re: Guidence needed with Distance Selling Regulations...

[Calum Morrell <calum@xxxxxxxxxxxx>]

Andrew Kilgore wrote:

> Thanks Calum,
>
>>From reading the doc, it seems as though 12.6 is concerned with the
recovery of the goods (i.e. who pays for return carriage).
> However, 12.2 states:
>
> "12.2 If goods have been delivered and the consumer has paid a
separate charge for
> delivery, the supplier must also return the delivery charge unless it
was provided under a
>
> separate contract."
>
> Is this what I'm looking for...?
> The section is entitled "Refunding the money after
cancellation" - does "cancellation" apply to defective
goods...?
>
> Thanks once again!

That document is actually for the DSD, 12.6 is just a handy reminder to
resellers that the DSD does not overide the SoGA. Your rights arre
covered entirely by the SoGA in this case as that's designed to handle
returns of faulty goods. The DSD intention is simply to give you the
same ability to view a product as you would have in a shop.

The point under the DSD about having to refund carriage unless provided
under a separate contract is a sticking point, which most resellers seem
to either not know about or choose to ignore. Trading Stardards issues a
briefing paper on that aspect which made it clear they expect carriage
to be refundd except for exceptional cirumstances and only when
seperately invoiced etc. I've never seen this happen yet, but
regardless, they had a duty to refund carriage under the SoGA to you.

--
Calum Morrell
www.drochaid.org