New Rules for online selling from 13th June

By cjd : Forum Member
Published 29th April 2014 | Last comment 30th April 2014
Comments

This fascinated me so much, i actually sat down with a coffee & read the doc from the link in the original thread - well its just blown Barneys & my argument out the water - 

"I supplied and fitted a dishwasher for a customer under an off-premises contract. A week
later she contacted me and told me she no longer wanted the dishwasher, that it had not
been used and that she was returning it. Can she do that?
10. Yes she can provided she cancelled within 14 days of delivery of the dishwasher at her
home. Although plumbed in, the dishwasher can be removed. She must however pay you
the charge agreed for the installation service you provided. This is provided you had her
express consent to start the work in the cancellation period and told her she would have to
pay. She must also pay for the return of the dishwasher, if you told her she would be liable,
in advance and provided you did not deliver the dishwasher to her at the time the contract
was entered into. In addition, she will be liable for any diminished value if when the
dishwasher is returned it shows signs of use."

I suppose the only thing that covers anything is the diminished value for signs of use and the fact that she must pay the labour costs, assuming that was expressly consented to the instillation going ahead - guess this would apply to boilers too?

I'm flabbergasted by all of this, (albeit only to DSR contracts) whilst i accept some professions are crying out for this cover, others must be up in arms !!!

Will watch this develop with interest over the coming months, i have a feeling the Courts are going to get busier !


Clive

For those that are in your kind of business, it's difficult.

I'm not sure though whether this is a real risk or just imagined. Why would anyone want to return a new fitted boiler that's working properly? Customers also will have no idea that they can.

I think that if you're in any doubt and the customer wants it fast, you ask them to pop down to the office to sign the papers, then it's not an off-site sale. (Though you need to confirm that with a lawyer - I'm just a telephone bloke

 


cjd

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