7 day cooling off period...

Deep · 2 Feb 2010 at 14:21

Hi everybody,

I want to purchase a Cowon S9 MP3 player from Amazon. I want to buy it, try it and return it. No store near me stocks it.

Is this ok, or will i encounter any problems?

Thanks

Indie · 2 Feb 2010 at 14:23

errm ? Ask amazon?

Deep · 2 Feb 2010 at 14:24

I will, but thought if i could get a quick answer from here then it'd be easier

NathP · 2 Feb 2010 at 14:25

Most online store 7 day policy only works if its unopened and in resellable condition

PhillyDee · 2 Feb 2010 at 14:33

Distance selling rules apply.
If you are not happy, or just want to return it, you can.

Vulcan · 2 Feb 2010 at 15:53

PhillyDee said:
Distance selling rules apply.
If you are not happy, or just want to return it, you can.

That doesn't mean he can open and try it out. If it's opened it cannot be re-sold on.

Admiral Huddy · 2 Feb 2010 at 15:55

Where do you intend using the MP3 player, in the oven?

Dano · 2 Feb 2010 at 16:41

Longbow said:
That doesn't mean he can open and try it out. If it's opened it cannot be re-sold on.

I think you'll find it actually does.

Richie · 2 Feb 2010 at 16:59

Deep said:
Hi everybody,

I want to purchase a Cowon S9 MP3 player from Amazon. I want to buy it, try it and return it. No store near me stocks it.

Is this ok, or will i encounter any problems?

Thanks

If I was from Amazon and read this I would tell you where to go....

I really dont understand why you would even think this is the right thing to do. If you bought it and it was broken then fair enough but you actually plan to buy it, use it and then return it ?? (at no point did you say anything about keeping it at any time)

Mebbe its just me but I find that a bit... off TBQFH.

Dano · 2 Feb 2010 at 17:04

Yeh, that's a good point, why do you want one just to return it?

PhillyDee · 2 Feb 2010 at 17:13

[quote="http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf]]
Refunds (Regulation 14)
When do I have to refund a consumer’s money if they cancel
an order?
3.46 As soon as possible after the consumer cancels, and in any case
within 30 days at the latest. You must refund the consumer’s money
even if you have not yet collected the goods or had them returned to
you by the consumer. You cannot insist on the goods being received
by you before you make a refund. See also paragraph 3.64.
Can I withhold a refund if a consumer fails to take
reasonable care of the goods?
3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give
consumers an unconditional right to cancel a contract and legally
oblige you to refund all sums due in relation to the contract as soon
as possible after the consumer cancels, and within a maximum of 30
days. The DSRs do, however, give suppliers a right of action against
consumers for breach of the statutory duty to take reasonable care.

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.
[/quote]

nmungur · 2 Feb 2010 at 17:17

If you are buying from Amazon then distance selling regs deffo apply. Plus if they dont work as intended then you can also use sale of goods act. You could also try the human rights act! There is always something in there which helps

PlumpMonkey · 2 Feb 2010 at 17:21

The DSRs allow consumers to examine goods they have ordered as they would in a shop

Surely if something in a shop was in that horrid vacuum packed plastic that you have to take a knife to in order to get into the package, then hacking that open doesnt come under "as they would in a shop".

But if it was in a nice box with just a bit of tape over the end, then this is ok?

Vulcan · 2 Feb 2010 at 17:21

PhillyDee said:
...

That's a guide, it is not the law.

If I were the business in this case, I would happily let the matter go to court. You can cannot expect a company to have to pay back the shipping charge, and lose out from a product that can no longer be sold as is. If everyone did this they would go out of business.

chriscpritchard · 2 Feb 2010 at 17:26

PlumpMonkey said:
Surely if something in a shop was in that horrid vacuum packed plastic that you have to take a knife to in order to get into the package, then hacking that open doesnt come under "as they would in a shop".

But if it was in a nice box with just a bit of tape over the end, then this is ok?

Before buying a camera in a real store, you would be able to try out a display version, the same principle applies here, you can try it out as long as you do not damage it (IE, if you break the display version you'd have to pay)

Longbow said:
That's a guide, it is not the law.

If I were the business in this case, I would happily let the matter go to court. You can cannot expect a company to have to pay back the shipping charge, and lose out from a product that can no longer be sold as is. If everyone did this they would go out of business.

no, it is the law... The sales of goods act and Distance Selling Regulations (http://www.statutelaw.gov.uk/legRes...iveTextDocId=2658599&PageNumber=1&SortAlpha=0 and http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html )

SlugForAButt · 2 Feb 2010 at 17:29

Longbow said:
You can cannot expect a company to have to pay back the shipping charge, and lose out from a product that can no longer be sold as is. If everyone did this they would go out of business.

+1.
I can't believe the OP even thinks this is morally correct.

chriscpritchard · 2 Feb 2010 at 17:30

SlugForAButt said:
+1.
I can't believe the OP even thinks this is morally correct.

The law disagrees with you...

Tefal · 2 Feb 2010 at 17:31

SlugForAButt said:
+1.
I can't believe the OP even thinks this is morally correct.

To inspect something he has never seen before? :confused:

Would it be morally incorrect to ask to hear the mp3 player in any number of high-street stores?

You can bet there is something in the law that says if this happens the shop can repack it/return to the manufacture to do and resell it as new.

Neodite · 2 Feb 2010 at 17:34

So you guys have never got say a few tops from an online shop, got them and either not liked them or they have not fitted and just kept them anyway because it's morally incorrect? :confused:

D D Danneh · 2 Feb 2010 at 17:37

Tefal said:
Would it be morally incorrect to ask to hear the mp3 player in any number of high-street stores?

No, but they'd usually have a display version which is designed to be used. Are you allowed to just walk up, rip open the packaging on something, have a quick play with it and then give it back to the store, making them pay to repackage it? I'm pretty sure they'd at least make you pay for the repackaging, in the case of a sealed product.

However it's hardly a lot of money lost. I personally wouldn't do it, I'd go try it out in a shop somewhere, but I can't imagine they'd be too ****ed about it.