Dabs "not exactly helpful"

["Ian Lowe" <ian@xxxxxxx>]

Okay, it looks like Dabs wish to become the new "scam".

I had no response, so mailed them again today, and received this bland
email
in return:

"Hello, Unfortunately as the part has been opened we are unable to
sell that
again with no loss to ourselves so we cannot comply with the Distance
Selling Regulation and sell on used parts.

We cannot accept that part back for a full or partial refund or
exchange.

For full details of the directive please see
http://www.legislation.hmso.gov.uk/si/si2000/20002334.htm
"

Which is pretty ironic, as they don't seem to have actually *READ* that
link. The distance selling regulations seem (for once) to be really
good
>from
I have now sent this the following. Let's see if they see sense!

email to dabs Customer Service (!)


In fact, I have already read the Distance Selling Regs, and your
interpretation of them is incorrect. Rather than simply posting that link,
I
suggest you actually READ it. Your position is not valid, and your
duties
under the regulatiosn are quite clear.

The Consumer Protection (Distance Selling) Regulations 2000 are not, as
you
seem to think, a carte blanche for resellers to use any excuse available
to
deny basic consumer rights.

I will state again: As an individual consumer, I have a LEGAL RIGHT to
a
cooling off period of seven days from receipt of the goods:

"Subject to regulation 13, if within the cancellation period set out
in
regulations 11 and 12, the consumer gives a notice of cancellation to
the
supplier, or any other person previously notified by the supplier to
the
consumer as a person to whom notice of cancellation may be given, the
notice
of cancellation shall operate to cancel the contract."

I have considered my options, and wish to exercise this right.

Whether you can resell the goods without financial penalty is not my
concern, nor is it part of the regulations. The regulations state:

"Exceptions to the right to cancel
13.  - (1) Unless the parties have agreed otherwise, the consumer will
not
have the right to cancel the contract by giving notice of cancellation
pursuant to regulation 10 in respect of contracts -

(a) for the supply of services if the supplier has complied with
regulation
8(3) and performance of the contract has begun with the consumer's
agreement
before the end of the cancellation period applicable under regulation
12;

(b) for the supply of goods or services the price of which is dependent
on
fluctuations in the financial market which cannot be controlled by the
supplier;

(c) for the supply of goods made to the consumer's specifications or
clearly
personalised or which by reason of their nature cannot be returned or
are
liable to deteriorate or expire rapidly;

(d) for the supply of audio or video recordings or computer software if
they
are unsealed by the consumer;

(e) for the supply of newspapers, periodicals or magazines; or

(f) for gaming, betting or lottery services."

It is clear that none of these conditions apply.

My obligation as a consumer is to take care of the item (which I have)

"The supplier shall make the reimbursement referred to in paragraph
(2)(b)
as soon as possible and in any event within a period of 30 days
beginning
with the day after the day on which the period for performance
expired."

I suggest you review your position, RESPECT THE LAW, and make
arrangements
for the return of the goods immediately.

I note that in contrast to your statement on www.dabs.com, I am under
no
obligation whatsoever to pay for return carriage:

"The consumer shall not be under any duty to deliver the goods except
at his
own premises and in pursuance of a request in writing, or in another
durable
medium available and accessible to the consumer, from the supplier and
given
to the consumer either before, or at the time when, the goods are
collected
>from
I Lowe.

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