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.
So customers should at least be emailed the relevant information.
For anyone following this, here's the relevant sections from the Business Guide to the DSRs
What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. (their bold face)
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.
I take this as meaning in 3.48 that it is before the goods are shipped to the customer and in 3.55 that this is after delivery has taken place.
I'm no expert, but that's my interpretation - otherwise the paragraphs are at odds with each other.
I take this as meaning in 3.48 that it is before the goods are shipped to the customer and in 3.55 that this is after delivery has taken place.
I'm no expert, but that's my interpretation - otherwise the paragraphs are at odds with each other.
3.48 says you have to return the delivery costs
3.55 lets you choose whether you refund the cost of returning the unwanyed goods. You just have to state your policy.
I take this as meaning in 3.48 that it is before the goods are shipped to the customer
I don't think so as there would be no delivery costs to be refunded (not yet sent) and it makes specific reference to delivery costs. As Alan points out 3.48 states you must refund the outbound delivery charges if they cancel.
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