Distance Selling Regulations

[TheDowager]

Anyone know about these?

I bought some dresses recently from Cocosa. They didn't fit (by a long way, though I had sized up as suggested) and I requested a return the day they arrived, and posted them off in good time.

Cocosa has offered only a voucher rather than a credit card refund, because the items were bought as part of a '24 hour fashion fix' event. Yep, buried in the t&c of the website it does state that items bought during one of these events will only qualify for a voucher as a refund, and I dare say I did tick the t&c as part of the transaction.

However, this specilal condition would appear to contravene Distance Selling Regulations, and be unenforceble. Anyone know where I stand?

[Peppin]

Ah the Consumer Protection (Distance Selling) Regulations 2000, my personal favourite when it comes to online shopping.
 
Under Reg. 10 you have the right to cancel the contract (meaning you are entitled to your money back and not just a voucher), which you exercise by notifying the seller that you wish to cancel it (which you appear to have done).
 
Provided that you returned the items within the relevant period, you are entitled to a refund. In a contract for the supply of goods, the relevant period (the "cancellation period" in the Regs) is 7 working days starting on the day after the day on which you received the goods (this is in Reg. 11(2) ).
 
If the seller does not provide a free returns service (and you have to pay to return the goods yoursefl), then they have to refund their original delivery charge. This is set out on Reg. 14. (the relevant bits are Reg. 14(1) and 14(5) ).
 
Under Reg. 25, "A term contained in any contract to which these Regulations apply is void if, and to the extent that, it is inconsistent with a provision for the protection of the consumer contained in these Regulations"), i.e. even if Cocosa did bury something in the small print, it is unenforceable: they cannot contract out of these Regulations.
 
I hope this is helpful to you in drafting a reply to Cocosa. I've found quite often online retailers try to charge you for both delivery and return and I have a standard email I send them which always yields the correct result. Though if Cocosa are particularly obstructive you could always make noises about the OFT.

[TheDowager]

Blimey, Peppin - you know your stuff! Many thanks, I e-mailed them just mentioning the DSRs, and they agreed to a proper refund straight away.

[Peppin]

Glad to hear it.

[mumblechum1]

I love the Distance selling regs too - put a deposit down on a car last Fri, decided the next day not to go ahead with the sale. The dealer was really arsy, huffing and puffing, till I said that the contract came under the DSR and that I was within the cooling off period (luckily I'd done the transactiion on the phone after leaving the dealership), and that I'd like a refund please.

I didn't have to tell them I was a lawyer, fortunately I'd hired a car from them the week before and had to give my occupation for the insurance

[ghislaine]

Bumping this, because I've just had an experience where I had to quote the DSRs to get the original postage refunded on an internet purchase. The store claimed they were only doing so as a goodwill gesture and that I was bound by their terms and conditions which said they would only refund the value of the product.

Is this allowed? I'm a lawyer myself (albeit of the non-practising type) and I didn't think you could contract out of a statutory term....

[prh47bridge]

No, this is not allowed. Regulation 25 is clear that any contract term that attempts to remove any of the protection given to consumers by the regulations is void.

It annoys me when retailers say they are doing something "as a goodwill gesture" when they are required to do it by law.

[ghislaine]

Brilliant, thanks ever so much. Snotty email duly sent.

[ghislaine]