UK Distance Selling Regulations

[dominickoh]

I recently purchased an mp3 player off of ebay from a power seller in the UK. I like in the US. This is the sellers claim of return for the item:

We are so confident that you will Love this product we offer a
16 Day Money Back Guarantee!
We are the only Ebayer to offer such a promise.
If you are unhappy with the product for any reason at all, you may return it for a refund.

This item took longer than 16 days for me to receive and is not functioning properly and is not what I expected. When I contacted them about a return they told me that according the the UK DSR they did not have to issue a return. Does anyone know anything about this?

[sabai]

All goods sold in the UK must be fit for purpose. It doesn't matter what return period they specify - if they goods were delivered faulty then they are legally obliged to replace them. The sales of goods act applies to all sales under UK duristiction.

[dti.gov.uk...]

They could argue that the sale falls under US law... but even if it does, the US surely has similar legislation.

Ask them again politely but firmly, and if that fails to have the desired effect then contact ebay support.

Good luck. Nothing worse than a tight retailer... except when it's me :-)

[Zygmunt]

a)The UK DSRs do not apply to auctions, including internet auctions;

See this section of the Office of Fair Trading website [oft.gov.uk]

If you used "buy it now", you may be covered, but I'm not sure.

b)If the UK DSRs do apply, then you have seven working days from the day you received the goods:
DSRs on OFT Website [oft.gov.uk]

If you wish to cancel, you need to inform the seller in writing - a telephone call may not count.

c)Was this seller a company? Because just being a power seller doesn't mean that they're a real, VAT registered company. If they're not, then I think this whole transaction might count as a private sale, and not be covered by any of these regulations.

Disclaimers:

i) I do not have a law degree
ii) My advice is worth what you paid for it

Zygmunt

[Patrick Taylor]

A real company doesn't need to be VAT registered. That aside, I would have thought the Distance Selling Regulations apply to anyone who 'trades in goods'. They are quite onerous on the seller, but of course enforcement of the regulations from 'across the pond' may be an issue.

[phantombookman]

The DSR apply to countries in the EU only
You're only realistic option, if the seller refuses to help, is via your card company or Paypal dependent on your method of payment