DIstance Selling Regulations - who complies and who doesn't

diy

I did a a quick straw poll of some of the main suppliers that I regularly buy bike parts from to see just how many fully complied with the distance selling regs. Without going in to the specific details. The purpose of the distance selling regulation is to enable the buyer to buy the product in their home. The seller has all the responsibility for shipping the item and must refund shipping and purchase fees for legitimate returns (i.e. when the contract is properly canceled), within 30 days even if that is before they receipt the goods.

Here are my scores:

WHS - I score 1/5. They have a 30 day refund but no refund of shipping fee, which is a clear breach can't even write distance selling regulations correctly on their policy. They may claim restocking fees are not delivery fees, but that does not count as a value added service that the consumer has requested.
Winstanley - 1/5 7 day refund no refund of postage clear breach.
Wiggle - 4/5 carefully trying to avoid refunds of postage over £25 - conforming to the letter.
CRC - 5/5 all fees refunded 30 days to return
evans 5/5 all fees refunded 28 days

I will continue to buy from all of these sellers, because they offer fast value for money services, but I will be cautious about buying items which I might find "I don't like" from sellers who break the rules.

PS I will delete this if this is there are any allegations of defamation. These comments just represent my views of advertised returns policies.

There is a good FAQ here:
http://www.oft.gov.uk/shared_oft/busine ... oft698.pdf

The Rookie

Good info thanks....

As you say the DSR provide for a mandatory 7 day cooling off period (from receipt) where the buyer can return the item for any reason (at their own cost) and receive a full refund of purchase price and any P&P. One company I use (not bike related) offer a return service for a smaller fee than you would pay as an individual as well, thus saving some of the returns cost, although many of the 'catalogue' stores (littlewoods freemans etc) will even pay the return postage.

Simon

diy

For good reason - the buyer is under no duty of care for the safe return of the goods. So it can be in the sellers interest to pass on wholesale returns prices.

I forgot to mention that irrelevant of the suppliers policy - if you intend to rely on your cancellation rights you should notify them in writing in a durable medium.

Note a supplier cannot insist on a specific form to be completed.

Frodo1095

How would these rules apply to overseas purchases, i.e. buying something in NZ from a UK company ?

Thanks

diy

excluded from the regs.

edit: I misread the post. buying from a uk company from overseas.. if in the EU, same rules apply outside the EU, the seller could argue that the cost of overseas shipping constituted special delivery. and therefore this extra cost might not be refundable.

in real terms any rights you had would be hard to enforce, as trading standards are here to protect people who live in their county (its not really a national body).

Note: Nothing in the DSR affects your contractual rights, so if they say X and do Y - there is still a breach of contract to consider.