RE: RE:Dabs "not exactly helpful"

["Ian Lowe" <ian@xxxxxxx>]

Well,
Trading Standards have got back to me, and things are looking good.

They reckon that the legislation does not provide the ability for a
retailer
to refuse a resolution under the distance selling regs simply because
the
goods have been opened. It's (of course) reasonable to refuse if the
goods
have not been kept in good condition, or the original packaging has
been
thrown away, but for now, the Trading Standards people reckon dabs are
in
the wrong.

One of the get-outs, it seems, was the Ts and Cs on the website, and TS
are
now  off to check the dabs website, which helpfully says:

"The terms and conditions listed below are for business customers. We
do not
have consumer terms and conditions, as these are determined by specific
legislation, the Sale of Goods Act 1979, the Sale and Supply of Goods
Act
1994, and the Unfair Contract Terms Act 1977."

So, the printer Ts and Cs don't provide them with any get-out.

I'm waiting for TS to get back to me, before calling Visa. I seem to
recall
that my visa card gives me some sort of protection when used online too.
:D

I.



-----Original Message-----
From: Des Gibbons [mailto:des@xxxxxxx]
Sent: 03 January 2003 14:53
To: ukha_d@xxxxxxx
Subject: RE: [ukha_d] RE:Dabs "not exactly helpful"


Reading that paragraph, they can only stipulate who pays the carriage
if
they inform you in writing no later than with the delivery of the
goods.
T&C's on a website are not on a durable medium.

Did they?

Cheers, Des.

> -----Original Message-----
> From: Smith, Allan G [mailto:yahoo@xxxxxxx]
> Sent: Friday, January 03, 2003 14:45
> To: 'ukha_d@xxxxxxx'
> Subject: [ukha_d] RE:Dabs "not exactly helpful"
>
>
> I thought (and I could be wrong here) but following my dealings with
a
> company called Global Positioning Systems (bunch of lying b*****s
selling
> GPS systems who I would never touch with a barge pole again - glad to
get
> that off my chest),that if stated in the Terms and Conditions of the
site
> you were ordering from that you were liable for P&P for distance
selling
> returns then they could do this.
> This is covered by 8.2.b.ii in the referenced doc...
> "(ii) information as to whether the consumer or the supplier
would be
> responsible under these Regulations for the cost of returning any
goods to
> the supplier, or the cost of his recovering them, if the consumer
cancels
> the contract under regulation 10 "
> Would be interesting if this isn't correct as I can feel another
e-mail
> coming to the company above...
> Cheers
> Allan
>
>    Date: Fri, 3 Jan 2003 13:21:11 -0000
>    From: "Ian Lowe" <ian@xxxxxxx>
> Subject: Dabs "not exactly helpful"
>
> <snip>
> For full details of the directive please see
> http://www.legislation.hmso.gov.uk/si/si2000/20002334.htm
"
> <snip>
>
> 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 those premises."
>
> I Lowe.
>
> http://www.automatedhome.co.uk
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