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Online retailers beware distance selling regulations- 24/11/2011

With the biggest online shopping days of the year set for the next two Mondays (28 November and 5 December), Wolverhampton law firm FBC Manby Bowdler LLP is reminding local businesses trading on the internet to be aware that they are covered by the Distance Selling Regulations, which mean a no quibbles, full money back refund for buyers who cancel or return their orders within working seven days.

“With online retailers getting ready for their busiest period of the year, it would be understandable if their customer service suffered slightly, but they must be also geared up to provide full refunds within 30 days for any orders cancelled within seven days,” says Craig Ridge, a partner in FBC Manby Bowdler’s Litigation Department.

“It’s not even a case of sending money back only if the goods are defective, the customer is still entitled to a full refund even if there is nothing wrong with the goods. If they are defective then the usual consumer statutory rights governing the purchase of goods apply anyway.

“It is also impossible for online sellers to contract out of these provisions, so they should not claim they are exempt on their website, except if they are selling certain goods and services such as perishable or custom made items.

“Failure to comply with the distance selling regulations will see on-line sellers fall foul of the authorities, as well as making them an easy target in the courts for dissatisfied customers,” warns Mr Ridge.
On Monday 28th November it is anticipated that sales will reach £424million over the course of the day, with people spending on average, around £300,000 a minute. In the run-up to Christmas it is expected that more than £13billion will be spent online.
 

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