Re: distance selling directive

["mark_harrison_uk2" <mph@xxxxxxxxxxxxxxx>]

--- In ukha_d@xxxxxxx, Stephen <yahoo@s...> wrote:

> One last question: to go with the cd player I bought but am now
> returning, I also purchased a remote control from a different company.
> Since, I am not keeping the player, I will not need the remote
> control. The second company, who supplied the remote are saying that
> it is non-returnable because it was a "special order". Can
they exempt
> themselves like this?

The company are probably believing that they can wriggle out under one
of the "exceptions to the right to cancel" sections.

However, the one that they probably believe applies is:

- "goods made to the customer's specification or clearly
personalised"

It's my (non-legal) understanding that this applies to genuine
custom-production, and "normal options" aren't even a reason for
cancellation (ie - if you choose a bigger graphics card for your PC
the manufacture can't claim it's a customisation and deny you your right.)

I'd say that you have an absolute right, and that they are attempting
to deny this to you. I realise that it's "unfair" from their
perspective, since they've supplied a product that works as described
and you are choosing to reject based on something they had no control
of / weren't aware of, however, it's the law.

The logic of the DSD is that, if this were a physical shop, you'd have
the right to try out the goods on display. If they are running a
"virtual" shop, then they are getting the benefit of savings in
labour
/ space costs, so they have to provide you the "right to try" in
some
other way.

I'd go back to them, explain that you have a legal right to return,
and if they are seeking to deny you this right, you will have no
choice but to go to Trading Standards / your lawyer.

Regards,

Mark