More EU rules to worry about

[scotserve]

http://www.europarl.europa.eu/en/pressroom/content/20110323IPR16151/html/Better-protection-for-online-shoppers

[seamus]

14 day cooling off period, extended from 7 days
the trader is responsible for the product whilst in transit, so any loss or damage is the sellers responsibility

that's the main ones to be aware of, everything else stays the same (roughly) for distance sellers

all your prices should be clear for the customer to see before they reach the checkout anyway (including delivery, VAT if registered etc) so "The right to make informed choices" should already be covered if your website is set up properly

[FionaJMD]

So who actually protects us traders then LOL.

So people could buy something get the use of it for two weeks and then receive a full refund - I know that the likes of clothes it will be obvious if they have been worn but jewellery - how would you know if it had been worn.

Maybe I need to invest in some kind of tag which if removed negates the return - would this work LOL.

[seamus]

it should work, the cooling off period is purely for the buyer to change their mind, but if the product has been used that negates the cooling off period and products can then only be returned if there is a fault

so (without double checking) I'd say that would be alright, although I'd need to look into the regs a bit more just to check that is indeed right

[FionaJMD]

it should work, the cooling off period is purely for the buyer to change their mind, but if the product has been used that negates the cooling off period and products can then only be returned if there is a fault

so (without double checking) I'd say that would be alright, although I'd need to look into the regs a bit more just to check that is indeed right

I was sort of slightly speaking with tongue in cheek, but it is a slight concern.

[scotserve]

Biggest worry past the 14 days i saw was the fact that the seller was going to be made responsible for return carraige costs if the item costs more than €40 and emphasising the extension to 3 months return time if your T&C's are not up to standard.

Jeeze I sound like a broken record but thats why I am so anal about this stuff - I have a passionate hatred of European business law where the small micro business is never considered.

[Andy c]

what confuses me most is some things this country accepts and some things they reject ..it's really bizarre ..I do wish they would hurry up and have a referendum so we can all tell the eu to F%£$ off ..can't stand it and for what it stands for 

[Baa]

I honestly don't get the 7 days let alone 14 days to cancel, after all in a shop you only get the time it takes to choose it and the shop can refuse returns that are not faulty. Giving the customer 7 days (let alone 14) to um and ahh is pointless.

But I LOVE this bit

However, consumers must be able to prove that they have returned the good, states an amendment adopted by Parliament.

 

Thank goodness, a sensible reg at last!

TBH there is nothing much more in this one than the usual DSRs but I DO like that bit about the onus being on the customer to prove it's return when we have to pay for return postage, did I mention that?

[DGTG Wholesale]

As internet traders we actually have more regulations in force against us than a brick and motar store, yet all these regs don't stop the unrelenting assault of scammers in the UK and Europe, who are giving this industry a bad name. I thought that Jewelery was exempt from DSR, I know that latex clothing is for example and I was certain that jewelery was as well, I might be wrong but I do remember reading that. Maybe someone with more knowledge can clarify it.

[scotserve]

As internet traders we actually have more regulations in force against us than a brick and motar store, yet all these regs don't stop the unrelenting assault of scammers in the UK and Europe, who are giving this industry a bad name. I thought that Jewelery was exempt from DSR, I know that latex clothing is for example and I was certain that jewelery was as well, I might be wrong but I do remember reading that. Maybe someone with more knowledge can clarify it.

3.42 We are conscious of concerns about reselling items which may raise concerns about hygiene. However, the DSRs do not link cancellation rights with a supplier’s ability to resell items as new.

Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point. Unless one of the specific exceptions referred to above at paragraph 3.38 applies, consumers can exercise their right to cancel a contract and return the goods to you. The DSRs do not link cancellation rights with a supplier’s ability to resell items as new.

Jewellery is definitely not exempt unless it is custom made to clients specifications
Latex "May" be exempt under :
For the supply of goods made to the consumer’s specifications or clearly personalised orwhich by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

However latex clothing does not have an exemption per se but if it was an unopened package or not worn then I cant see how it could be exempt.

[DGTG Wholesale]

Thanks for clearing jewelery up for me but I do know for certain that latex is non returnable. I have read it a few times on goverment and trading standards sites. It has nothing to do with the items involved but with the material itself as latex stretches once it is opened and will not go back to its original shape, I would of thought like you that it wouldn't apply to unopened packages but from what i read it was very specific, I will find where I saw it and copy it to you.

[scotserve]

Thanks for clearing jewelery up for me but I do know for certain that latex is non returnable. I have read it a few times on goverment and trading standards sites. It has nothing to do with the items involved but with the material itself as latex stretches once it is opened and will not go back to its original shape, I would of thought like you that it wouldn't apply to unopened packages but from what i read it was very specific, I will find where I saw it and copy it to you.

Yes would be interested in that as far as i could see it wasnt explicitly exempt, only by interpreting meanings into other clauses   - this is part of the problem with DSR's though so much is left to interpretation and defaults in the consumers favour.

[Baa]

Where jewellery is concerned you cannot try earrings or pierced jewellery on in a shop. This means you can request that they are not tried on at home as you can see what earrings would look like without putting them in your ear. As long as the customer can see the item clearly, that's all that is required.

3.58 on the guide

In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

[scotserve]

Where jewellery is concerned you cannot try earrings or pierced jewellery on in a shop. This means you can request that they are not tried on at home as you can see what earrings would look like without putting them in your ear. As long as the customer can see the item clearly, that's all that is required.

3.58 on the guide

In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

Agreed with a bit of ambiguity - this assumes that the earrings have hygiene seals - the other issue tho is that many many sellers state in terms ( if they have any) that earrings are not returnable which they are so it takes a bit of wording in the DRS terms to ensure that if opened they cant be returned without it DSR will default to the goods being able to be returned opened or not.

[DGTG Wholesale]

Been reading a post on the other forum, about the new EU rules, I think there is a lot of hysteria about them to be frank, and my advise is to read the new regs in detail to get the full understandng of what they mean. They are basically there to protect the consumer which is only right and to insist that retailers comply with fair pratice. The amount of sites I see that neither give an address, contact number, have a returns policy, or any form of information at all is beyond the joke. It is those that do not comply that this new regs are aimed primarly at.

The way I look at it is, if your in business, you should operate a transparent operation, so that your customers will trust you. Why hide details like contact details? If you do that then you are in my eyes a bit suspect. If you actually comply with the DSRs then you will find that you have actually very little to worry about. I have read now the new regs in full, and in detail and I have to say that on first glance I would be worried, but after looking at them in detail, I have found some of the hysteria about them to be quite absurd.

In fact the new regs will have no impact on any of my sites, or how we do business as we have always adhered to them in full.