Right of withdrawal
On June 13th, 2014 the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 entered into force. These regulations implement the EU Directive on Consumer Rights which aims at harmonising some of the consumer protection legislation across the EU.These regulations enhance the UK "distance selling regulations" and are an additional safeguard for customers to buy goods and services with confidence.
This section explains in plain English your rights as a customer and our obligations as a seller of goods and services and as a company who cares about its customers where we can enhance your basic rights.
The right to cancel a contract
The new legislation gives a customer the right to a "cooling off" period once a contract has been completed. A contract is completed when goods and services have been paid for and delivered in total to the customer (not when the goods are paid for or the contract is agreed). This period is 14 days from the completion of contract.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
Basically you have the right to cancel your order and receive a full refund of the cost of the goods and basic shipping costs for 14 days AFTER YOU HAVE RECEIVED THE GOODS! The regulations state that only "basic" shipping costs need be refunded. (ie. if you paid for same day courier service then you are only entitled to a refund of a basic postal service. We believe this is short changing the customer so Nytech Audio will refund the actual shipping charges charged to the customer when they placed the order.
How to cancel a contract
Regulation 32 of the CCR just requires the consumer to inform the retailer about their wish to cancel. Basically the consumer can make any clear statemement about his decision to cancel the contract.
This could be done by sending an email, a letter, a fax, giving the retailer a phone call or sending back the goods with a clear note that this is a cancellation. Although there is no formal requirement to the exercising of the right to cancel, Nytech Audio is required to provide the consumer with the model cancellation form below that the regulations offer in Schedule 3 B. This can be found HERE. You do not have to use this form but you will find its wording useful for your cancellation. If you choose to cancel then Nytech Audio is required to acknowledge the cancellation immediately upon receipt. PLEASE get in touch with us immediately if you do not receive such an acknowledgement within 7 working days of cancelling your contract.
The customer is required to return goods within 14 days of notification of cancellation of contract. Nytech Audio will extend that deadline until 14 days after we send you an acknowledgement of your cancellation. That way we have an incentive to fulfil our obligation promptly and ensures a traceable process which is of advantage to both parties in any dispute resolution.
Return shipping costs
Under the CCR the costs of return shipping are NOT included in the right to a refund as long as this is clearly stated before the order is placed (which is why it is clearly stated on the order confirmation page just before you place your order). However Nytech Audio will always enter into a sensible dialogue with a customer and will refund return shipping costs for certain circumstances (defective, damaged, or incorrectly described items for example) and we commit ourselves to resolving any shipping issues in a positive and understanding manner.
The CCR requires that Nytech Audio refunds any money in accordance with the CCR within 14 days of all goods supplied supplied under the contract. If the goods do not arrive then the customer will still receive a refund if they can provide adequate proof of sending (for example the name of the courier and a tracking number or receipt of payment).
Right to compensation for diminished value of goods
The regulations clarify the right for the retailer to recover an amount from the consumer for a loss of value of the goods as a result of handling the goods beyond “what is necessary to establish the nature, characteristics and functioning of the goods”.
This means in particular that the consumer may inspect the goods in a way that would be possible in a retail shop. Likewise, consumers buying goods in an online shop may not use the goods in a way other than permitted in a retail shop. This part of the regulation acknowledges the right of the supplier to receive the goods back in good condition and to deduct compensation for any damage, abuse or inappropriate use of the supplied goods. Nytech Audio will not make any deductions from a cancellation refund as long as all supplied items are returned undamaged.
Expiry of your rights under the Consumer Contract Regulations
The right to cancel under the CCR expire after the 14 day "cooling off" period defined below.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. Remember however that these are additional rights and do not "cancel" any existing rights such as the "Sale of Goods Regulations" and Nytech's "Right to Listen" guarantees in our terms and conditions.
We hope that this section explains your rights in a simple and straightforward manner. Please get in touch with us if you have any questions regarding your rights to good service and our commitment to our customers.