Rules on Distance Selling

[AlexB]

it would appear as part of the fall out from my original thread about not receiving goods from a supplier that i am in fact entitled to a full refund including p&p charges. These are under the regulations for distance Selling issued by the Office of Fair Trading.

The relevant parts of the rules are para 3.2 on page 17 and 3.36 on page 22 of the document

Link 2 distance selling regulations (http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf)

In this document which is pretty much a guide for businesses it states that within the DSR, a seller must CLEARLY state details of any delivery costs (see section 3.1 iv) now to me (who isnt a lawyer) surely this means they should state whether you are paying for the items to be fully insured or otherwise.
See also paragraph 3.16 - 3.20 which has more information, specifically section 3.20 which says quite clearly (bear in mind this is information for buinesses not customers)
Can I charge the consumer the cost of insuring items that
I send out?
3.20 No. These items belong to you until they have been accepted by your
consumer. So you cannot charge your consumers for carrying risks
that you should bear. See paragraph 3.36 for more information.paragraph 3.36 states
3.36 Where goods are lost in transit from you to the consumer you will
need to either send new goods or offer the consumer a full refund,
including delivery charges. See paragraph 3.20 for more information.so im guessing that you are completely covered by the DSR, and they are in fact in breach, meaning legally speaking should you wish to persue the matter you could have a claim.

That document can be found HERE (http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/) on the office of fair trading website, under "Home shopping distance regulations guide"

Hope this clears up any more problems and hopefully a few other people will be saved any hassel later on.

ATB

Alex

[JayB]

intresting.... i wonder what they will say to that, hope you get your money back.

[K.Massey]

Alex ain't this something better taken to the other party? I read the other thread so I understand your posting of this....And as Hattie has said when the other party in on line to respond the thread may be re-opened....Situations like these are very awkward for all involved...And I-M-O ain't always best trying to sort out on forums....

[Terry Hanson]

intresting.... i wonder what they will say to that, hope you get your money back.

I ordered some AI kit last week and received an excellent prompt service. Have you discussed this with the company !! ???
To slag a company on a forum is not on. I HOPE your facts are accurate

[PenelopeP]

I ordered some AI kit last week and received an excellent prompt service. Have you discussed this with the company !! ???
To slag a company on a forum is not on. I HOPE your facts are accurate

He was told he would receive £20 back and nothing more, according to the other thread that I take it you have not seen.

I do kind of agree with Kev though. Maybe pm that info to the sellers rather than post it on here. But on the other hand, that info is also going to be of a great interest to many people as many buy from overseas sellers, and may need that info at some point. Double edged sword here me thinks.

[Pogger]

Everyone needs to be aware of these rules. Distance shopping is very popular and we need to know our rights if things go astray between us the buyer and the seller.

I use internet auction sites A LOT! I have never, ever had a problem either as a buyer or a seller. Only once in all the years I’ve used them has something I have bought failed to turn up and once informed the seller immediately sent a replacement. I left them the best feedback I could put together because as far as I was concerned they had done the right thing and was a decent seller and everyone needed to know about it! I would extend exactly the same courtesy as a seller.

[AlexB]

Alex ain't this something better taken to the other party? I read the other thread so I understand your posting of this....And as Hattie has said when the other party in on line to respond the thread may be re-opened....Situations like these are very awkward for all involved...And I-M-O ain't always best trying to sort out on forums....

Kev the only reason i posted this lot is that the usual barrack room idiots spouting off about the law and the fact that i was not entitled to anything. This shows the opposite. I wanted others to be aware of the laws on this matter. I hope the other party do respond and i hope it is with an offer of a full refund as this is all i will accept.

ATB

Alex

[K.Massey]

Kev the only reason i posted this lot is that the usual barrack room idiots spouting off about the law and the fact that i was not entitled to anything. This shows the opposite. I wanted others to be aware of the laws on this matter. I hope the other party do respond and i hope it is with an offer of a full refund as this is all i will accept.

ATB

Alex

Not read the whole of that link you put up...I would assume there is nothing that can be disputed if you have a copy of the sale contract...Was the Item send recorded delivery?

[K.Massey]

I would worry about something like this

"If you do not usually supply consumers by distance means, but you agree to do so in response to a one-off request, the Regulations will not apply to you."

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/what-is-distance-selling

[FlameHairedFalconer]

I have already asked that this situation be left until the other party is in a position to express an opinion.

However I am increasingly concerned that the forum is being drawn into a private matter.

This thread will also be closed and I would ask the poster to refrain from posting further threads.