Consumers have certain rights under the Distance Selling Regulations.
Safelink Services are aware of your rights and are happy to ensure that all transactions are carried out in accordance with these regulations. For clarity the regulations explain that:
“Distance selling contracts are those which are concluded exclusively by ‘means of distance communication’. This therefore covers goods ordered via our website or over the telephone or by faxed communication.”
Under the distance selling regulations, the goods must be delivered or the service carried out within the time period specified. If no time period is specified, then the statutory time limit is 30 days (unless you have agreed otherwise). If the supplier is unable to fulfil their obligations within 30 days, they must inform you before the end of the 30 day deadline. They may offer you an alternative date for delivery, but you are under no obligation to accept and are quite within your rights to ask for a full refund.
Traders must provide you with specific information in regard to their obligations and your rights before you confirm your order. The supplier must provide you with pre-contractual information in respect of identity of the supplier, description of the main characteristics of the product or service, price, delivery costs, arrangements for delivery, performance and payment, cancellation rights, cost of communication, period of validity of offer, information regarding substitute products. This information must be communicated clearly, but not necessarily in writing, before your order is confirmed so that you can be in possession of all the facts should you wish to change your mind. Once you have made your order, you must then receive written confirmation of this order no later than the time of delivery of the product or performance of the service. This is an important point, because the time you received written confirmation of your order has implications for the length of time in which you have to cancel.
One of the most important implications of the distance selling regulations is a seven day cooling off period during which you have the right to cancel and get a full refund. In reality, it is more than seven days, because it starts at the point at which contracts are concluded, and ends seven working days after the day on which the goods have actually been delivered. The supplier is obliged to present you with specific pre-contractual information, concerning among other things, your cooling off rights, plus how, when and to whom items should be returned. If this information has not been presented to you before the items are delivered to you, your cooling off period will be extended to 7 days after the information is presented.
How to cancel
You must provide notice of cancellation in writing and it must be posted to, left at, faxed or emailed to the business address of the supplier, and you must ensure this is sent no later than seven working days after receipt of goods. Ensure you keep proof of your cancellation notice in case of dispute. The supplier must then reimburse you within 30 days without charge, unless you have been expressly informed that you will be liable for a charge.
There are obvious exceptions and you will not have the right to cancel with the purchase of:
Goods made to a personalised specification
Returns and Refunds.
Getting your money back
Under the distance selling regulations, you are quite within your rights to change your mind at any time within the first seven days, return the goods and get a full refund. This means without financial penalty of any kind – such as a cancellation charge or a ‘restocking’ fee. The supplier must also refund any delivery charges paid by you, and any other costs related to the contract. Refunds must be made within 30 days from cancellation, whether or not the goods have been sent back.
You may be required to pay to return the goods, but you must have been informed of this as part of the pre-contractual information. If the goods are faulty, then under Sale of Goods Act the supplier will always bear the cost of returning them.
Returning the goods
Unless you are required to return the goods, and you were informed of this, your only obligations are to make the goods available for collection and to take reasonable care of them while they are in your possession. This is called a duty of care. Where the supplier has made provision to collect the goods, this duty of care expires after 21 days, but where you have agreed to return the goods, your duty of care continues until you do this and could be for as long as 6 months. Returns to Safelink should be made at your cost and a full refund will be given upon receipt of the goods and evidence of the costs of return.
Under a distance selling contract, a supplier cannot make refunds subject to the goods being returned unopened in their original packaging. One of the principles of the distance selling regulations is to give you a chance to examine the goods at home, not having had a chance to do so in the shop. It would be impossible for you to do this without opening the packaging and trying the product out. Having said this, you will still be under a duty to take reasonable care of the goods while in your possession, and may be subject to certain instructions such as not to wear shoes outdoors, or remove hygiene seals. But you can never be penalised simply because you did not return the goods in their original packaging. However Safelink would like to point out that although you are free to unpack the goods we cannot accept for return any items that have been screwed onto the wall, connected up or otherwise used unless the items are faulty. All “faulty” items will be tested upon return and an assessment made. Should the fault be deemed to be “customer damage” due to incorrect connection etc we will be unable to issue a full refund.
Please also refer to our Customer Returns Policy