Huawei P10 review
This is what the DSR's 1.6 dfine durable medium how the ROC must be given
Durable medium is not defined in the DSRs. Our view is that it means a form in which information can be retained and reproduced but cannot be edited, such as an email that can be printed or a letter, fax or brochure that can be kept for future reference.
We do not consider that information on a website is durable as it can be changed at any time after the consumer has accessed it. Technological
advances may change what we regard as durable in the future.
This is what the DSR's 3.23 say about the period the customer has to exercise the ROC for goods (note for service is a different para)
provided you give your consumer the required written information no later than the time the goods are delivered, their cancellation
rights end seven working days after the day on which they received the goods
if you do not give your consumer the required written information by the time the goods are delivered, but do so within three months
from the day after the day the consumer receives the goods, the cancellation rights will end after seven working days from the day after the day on which the consumer received the required written
if you do not give the required written information at all (or give it after the three month period mentioned above), the consumer’s
cancellation rights will end after three months and seven working days from the day after the day the consumer received the goods
This is what the DSR's say whether the right to cancel applies to good or not at para 3.38 3rd bullet point;
the supply of goods made to the consumer’s own specification such as custom-made blinds or curtains.
But this exception does not apply to upgrade options such as choosing alloy wheels when
buying a car; or opting for add-on memory or choosing a combination of standard-off-the shelf components when ordering a PC, for example.
Durable medium is not defined in the DSRs. Our view is that it means a form in which information can be retained and reproduced but cannot be edited, such as an email that can be printed or a letter, fax or brochure that can be kept for future reference
It may say that but it hasn't been tested in court yet, and e-mails can be edited
Kevscar, you dont seem to appreciate its the Office of Fair Trading who issued the DSR document for businesses to apply.
The definition of durable medium is clearly given and states it is not defined. However, the OFT gives what it considers, in consumer protection law, what durable means.
I dont see any court in the land as siding with a company who states 'our t&C's and ROC is given on our website' against OFT's stance.
As regards emails, the OFT means the supplier is unable to edit an email sent to you.
If you want an example of whow robust the definition of 'durable mdium' is, I quoted this to my credit card co as part of the DSR's and they paid up.
If you want to doubt the oFT's definition of durable medium, fine. The rest of us will use it to support our position with rogue companies.
Link to DSR's
but what's the point of this thread?
The OFT guidelines are there for all to see, and we've discussed this many times before.
Must admit, I was wondering that too!
Have I missed a post somewhere?
I do I have run my own internet business and have also had to take action against an Internet company.
The OFT does not make the law they are just giving their opinion on the regulations.
Read it properly it is their view .ie opinion.
That does not become law until it is tested in a court case.
Other places they state what is, a clear definiton.
It won,t be court siding with anybody they will look at the DSR,s listen to the argumnets from both sides, weigh the evidence and make a decison. Whatever that is will become a precedent subject to any appeals for all future cases as to what is a durable medium.
it's not up to the OFT to define the law. Any advice that's offered by them is simply that - advice, not to be relied upon 100% until/unless tested in a court.
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