Consumer protection (Ireland, probably most of EU)

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

“The Distance Selling Regulations in Practice.”
http://www.efc.ie/publications/legal_updates/articles/corpbank/distance_selling.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”.

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.

I doubt a flute maker is considered a “retailer”.

← At last needing a lefty flute counts for something!

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/LexUriServ.do?uri=CELEX:31997L0007:EN:HTML

Shouldn’t this be OOOXXO? :wink:

-Craig

Lots of thanks for this info Guinness :slight_smile:

It was great help for a return I’m currently suffering :swear:


this site was also rather useful
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

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 :slight_smile:

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