Consumer protection (Ireland, probably most of EU)

Guinness · Post by **Guinness** » Mon Aug 04, 2008 10:18 pm

Just found this, which is quite germane given the recent kerfuffle:

"The Distance Selling Regulations in Practice."
http://www.efc.ie/publications/legal_up ... lling.html

Particularly relevant:

Pre-contractual Information
Confirmation Rights
"customised or perishable goods;" [1]
Prompt Performance- Time Limits
Consequences of Non-Compliance: Penalty

[1] I don't know if a standard model flute qualifies as "customised".

claudine · Post by **claudine** » Tue Aug 05, 2008 12:18 am

Thanks for this very useful information.

Prompt Performance- Time Limits

A welcome feature of the new regulations is that they provide for a maximum timescale in which the contract must be performed. Retailers are now obliged to perform contract obligations within 30 days from its formation. This requirement will help combat one of the main criticisms of on-line retailing which has been the inefficiency or inability of some businesses to deal with orders in a timely fashion.

If retailers cannot meet the 30 day deadline, they must notify the consumer of his right to a refund. This refund must take place no later than a further 30 days after the consumer has been notified of this right. (That is, within 60 days of the original formation of the contract). Regulation 7 makes it clear that non-compliance with this reimbursement requirement within the specified 30 days is a criminal offence.

kkrell · Post by **kkrell** » Tue Aug 05, 2008 1:37 am

I doubt a flute maker is considered a "retailer".

Wormdiet · Post by **Wormdiet** » Tue Aug 05, 2008 6:42 am

Guinness wrote: [1] I don't know if a standard model flute qualifies as "customised".

<-- At last needing a lefty flute counts for something!

Guinness · Post by **Guinness** » Tue Aug 05, 2008 7:20 am

kkrell wrote:I doubt a flute maker is considered a "retailer".

Actually the regulatory term is "supplier":

Article 1, (3) 'supplier' means any natural or legal person who, in contracts covered by this Directive, is acting in his commercial or professional capacity;

http://eur-lex.europa.eu/LexUriServ/Lex ... 07:EN:HTML

Craig Stuntz · Post by **Craig Stuntz** » Tue Aug 05, 2008 7:34 am

Wormdiet wrote:OXXOOO
Doing it backwards since 2005.

Shouldn't this be OOOXXO?

-Craig

Maeloc · Post by **Maeloc** » Mon Sep 08, 2008 3:46 am

Lots of thanks for this info Guinness

It was great help for a return I'm currently suffering

this site was also rather useful
http://www.oft.gov.uk/advice_and_resour ... gulations/

Cayden · Post by **Cayden** » Mon Sep 08, 2008 5:39 am

Maeloc wrote: this site was also rather useful
http://www.oft.gov.uk/advice_and_resour ... gulations/

As long as you remember UK rules are not necessarily the same as the Irish ones.

Irish citizens Information site

National Consumer Agency

Maeloc · Post by **Maeloc** » Mon Sep 08, 2008 6:22 am

Peter Laban wrote:
Maeloc wrote: this site was also rather useful
http://www.oft.gov.uk/advice_and_resour ... gulations/
As long as you remember UK rules are not necessarily the same as the Irish ones.

Irish citizens Information site

National Consumer Agency

Thank you for the reminder Peter

That directive seem to be in force in all EU; I also found some Spanish sites dealing with this, but that page includes the whole directive and good and clear info about this matter

Chiff and Fipple Forums

Consumer protection (Ireland, probably most of EU)

Consumer protection (Ireland, probably most of EU)

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