Returning a 1 day old item (opened) to a shop, rights?

Don
Joined
21 Oct 2002
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My mate bought me mario kart for the wii yesterday, and he bought me a 2nd steering wheel (non nintendo) it's far poorer than the nintendo one

I've got the receipt for it, for £6.99

Am I able to return it for a full refund as it's less than 7 days since it was purchased?

I opened it (you can't tell it's inferior until the packaging is removed)

Box is still in good condidtion, as is the product.

Do they have to refund me?
 
Man of Honour
Joined
17 Oct 2002
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159,534
No, they do not. The only have to refund you if the item is faulty, which its not.

You've simply changed your mind, and there is no legal requirement for a refund in these circumstances.
 
Man of Honour
Joined
17 Oct 2002
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159,534
Damn

I thought you could return anything (besides food) within 7 days of purchase, no questions asked

Nope - common misconception. If its not faulty they are within their rights not to offer anything.

Some stores will offer credit or even a refund as part of their own policy, but there is no legal requirement to do so.
 
Don
OP
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Ok

I'll tell them it's crap (the nintendo one has a hole in the side, so the infra-red pointer can 'get through' it, the 3rd party one is sealed all over, which means you've got to take it out to use the pointer, so it's a pain in the backside
 
Associate
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Bedford
You can return it. However you will most likely not get a refund but they will allow you to exchange it for something else.

Some places do allow a refund however

As an example this is from a competitor:

Unwanted Items

Please note that we no longer offer an exchange service on unwanted items. If you wish to exchange your order, please return the item for a refund, and place an order yourself via ***.com for the alternate item. We are happy to refund unwanted items that are returned to us within 21 days. Please send the items to the address below and enclose a note quoting your order number, and stating that the items are unwanted, and you require a refund.

Anyone saying you arent allowed is plain wrong! - Its up to the shop (most have allowances for unwanted stuff)

Some more info for you:

http://www.guardian.co.uk/money/2008/jan/05/consumeraffairs
 
Last edited:
Soldato
Joined
28 Nov 2002
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11,202
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Cumbria
You can return it. However you will most likely not get a refund but they will allow you to exchange it for something else.

Some places do allow a refund however

As an example this is from a competitor:

Unwanted Items

Please note that we no longer offer an exchange service on unwanted items. If you wish to exchange your order, please return the item for a refund, and place an order yourself via ***.com for the alternate item. We are happy to refund unwanted items that are returned to us within 21 days. Please send the items to the address below and enclose a note quoting your order number, and stating that the items are unwanted, and you require a refund.

Anyone saying you arent allowed is plain wrong!

no, your wrong

no shop is legally obliged to replace or refund something just because you dont want it

some shops will allow and exchange or give you a credit note and even a no quibble refund but this is only down to good customer service

however this differs if the purchase is a distance sale, then you have a legal right to a refund within 7 working days
 
Soldato
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21 Jun 2005
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UK
"Hi I got this Wiimote holder, it isn't fit for puppose."

*Sales Assistant places Wiimote inside wheel*
*moves it about, presses all the buttons*
*removes Wii mote from wheel*
*hands back steering wheel*

he could argue the product isn't fit for purpose, for him. :p
 
Soldato
Joined
22 Jun 2006
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2,971
Location
Swindon
Yep, it's advertised as being a controller for Mario Kart Wii and that's just what it is (albeit a pretty poor one)...so unless the person who bought it had specifically asked whether it could be used for a particular purpose and he'd later found out that it couldn't, then the retailer is completely within their rights to refuse to accept the item.

As a gesture of goodwill, however, they'll most likely offer a store credit.
 
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