Odd Distance Selling Act Vs Faulty item issue

[davek17]

Hi There

I have an interesting situation I have never come up against. I sold an item, a piece of hardware, to a customer and they told me it was faulty. So I asked them to return the item for RMA under the warranty process so we could look at it and deal with it, to which they asked me if it was faulty could they have their money back. Of course I said yes but we would need to inspect the device first. We get lots and lots of businesses who buy equipment from us, use it for testing for months and then try and send it back on the DSA or as "Faulty" so we have to follow strict guidlines to protect us and honest customers.

However they just won't send the item back on the RMA rather choosing to pressure me to agree to the return and refund instead and up front. Suddenly they are now saying that they want to send it back under the Distance Selling Act.

I immediately asked them to clarify what they intend on doing, sending back under DSA or as a faulty product but they have said "both" and will not budge from that position.

My question is, can the customer do this or do they have to be precise about what they wish to do? - How can you send back a faulty productunder the DSA?

Also where do I stand on the DSA and business selling. We are 99% B2B however I believe that if the Business is not VAT registered they do come under the DSA guidlines. Is this correct and how do I prove they are VAT registered when the naturally do not want to give me their VAT number!!

Any help is greatly appreciated.

DaveK17

 

[akirk]

VAT office can confirm if a business is VAT registered (I had this conversation with them a while back - they can't confirm a non registered business, but can confirm a registered business.)

I would think that they have to choose the basis on which they are returning it - until they do I would politely ignore them - because until they make a decision they are not actually returning it.

Alasdair

 

[Medicol]

I thought the DSR was there so you could see the object before purchase.

Can you send an item back under DSR after its been used??

If they say its faulty then they have used it

 

[Medicol]

Done a bit of checking and they can still return if its been used. But only of they have notified within 7 days

 

[Charlie B ACS]

I'd be looking at who placed the order, it it's Jo Bloggs builders the DSA doesn't apply, if it was just under Jo Bloggs, it probably will, though this would depend on the item bought, if it is something that is just for business use, you could try to justify that it wsn't a consumer purchase.

 

[davek17]

Cheers guys

It was definitely sold to a business, not a persoin and I have enough evidence to say it's being used for their business solution even if not VAT registered.

 

[ANOTHER REBEL]

I suggest you look at the following government publication on DSR.

http://www.oft.gov.uk/shared_oft/bu...f;jsessionid=83D371650C3A4EC88B7072CE51649761

The notes are particularly helpful beacause it gives a definition of consumers, to which DSR apply.

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In this guide by consumers we mean anyone who buys goods and services using one
of the methods to which the DSRs apply.

This excludes anyone buying in the normal course of their business.

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