Am I covered by the DSR, the ECR or both?

[NYCSavage]

I am having a dispute with an online store regarding illegal use of my card and would like your advice.

To cut a long story short, a website produced a manual (hard copy) for sale for �39.99, when I looked into it, the checkout shopping cart stated the price to be 1p, so I bought it.

The store took payment for 1p as agreed but 2 days later, the store put my card details through their merchant account and charged me a further �39.98 without my permission. I was advised to send the manual back under the Distance Selling Regulations (DSR) and request a full refund.

The store state they are exempt from the DSR and I quote

"Sorry but the distant selling regulations do not apply to downloadable goods/software, so returning the paper copy will not help. Because you ordered online and provided an email address, you had full access to the electronic version."


I never ordered an electronic version of the book so took a look at my invoice which clearly states:

"HCCP-Courier Manuals despatched via post plus free download"


So I looked into the Privacy & Electronic Communications Regulations (ECR) which state that I am covered by both the DSR and ECR as I received both a hard copy and an electronic version. The seller never provided me with any T&C nor any evidence of the cancellation procedure.

Would I be right to pursue this refund under the DSR?

I really do appreciate your time.