DSR

cammy5477

cammy5477

cammy5477

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Edinburgh
under DSR is a seller obliged to take back an item If its unused but the sealed packaging has be broken.
I recently bought a 2.5 hard drive and it wont fit in my laptop but the seller says he wont take it back because the seal has be broken on the bag. is he allowed to do this? :confused:
The drive has never been powered on
 
It depends upon their DSR policy tbh. I believe, and stand to be corrected, that most places offer only a 7 day DSR policy. I would check what they say on whatever site it is.
 
The DSR is a matter of law (The Consumer Protection (Distance Selling) Regulations 2000) so a company can't have a policy as such unless they want to offer more than they are legally required to.

OcUK, for example, offer a 14 day satisfaction guarantee.

You can inform the seller that you want to return an item under the DSR up to 7 working days from the day following the day of receipt.

This must be in writing.

My understanding is that a company can't refuse a request to return an item using the DSR, it would be up to them to take action afterwards if, for example, the item was returned damaged.

The DSR only applies to business sellers and purchases by non-businesses.

If you bought from a private seller it doesn't apply.

If you bought it through a business it doesn't apply.

They also don't apply if the item was purchased at an auction.
 
It was a buy it now from a seller who states takes refunds with this passage were the refund part is
"Most Buy It Now purchases are protected by the Distance Selling Regulations, which allow you to cancel the purchase within seven working days after the day you receive the item. Find out more about your rights as a buyer"
 
It sounds like you're covered then as long as you bought it as a private individual and not through a business.

I can't see that opening the bag has any relevance.

There's no requirement for you to even return an item in its original packaging and you're allowed to open items and inspect them.

As long as you've taken reasonable care of it you can return it in whatever packaging you like as long as it's suitable.

As I said earlier I don't believe the seller is within their legal rights to question your right to return the item.

If you've told them you're returning it under the DSR then they have to accept that and refund you.

If they have any issues afterwards then it's up to them to take the necessary action.
 
Thanks surveyor :-)
As it stands just now there refusing to take it back but I have told them there breaking the law
It was sent in the first place in a padded jiffy which I complained about because it offered the drive no protection at all. For all I know it doesn't work but I wouldn't know because I haven't powered it on.
 
The Consumer Protection (Distance Selling) Regulations 2000

Section 10

1) Subject to regulation 13, if within the cancellation period set out in regulations 11 and 12, the consumer gives a notice of cancellation to the supplier, or any other person previously notified by the supplier to the consumer as a person to whom notice of cancellation may be given, the notice of cancellation shall operate to cancel the contract.

(2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.


Section 14

(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).


The word is shall so they ain't got a choice.


If you haven't yet then make sure you put it in writing that you are cancelling the contract under the Distance Selling Regulations.

This can be by post, facsimile or electronic mail.
 
cammy5477 said:
It was a buy it now from a seller who states takes refunds with this passage were the refund part is
"Most Buy It Now purchases are protected by the Distance Selling Regulations, which allow you to cancel the purchase within seven working days after the day you receive the item. Find out more about your rights as a buyer"
Click to expand...

Does the seller have a business account? Or rather, is it clear that they are selling as a business on eBay?

This is where you could come unstuck, because a "buy it now" doesn't necessarily mean DSR applies if the seller has sold it privately.
 
cammy5477 said:
Even if the anti static bag has been opened?
As I said the drive has never been powered on and obviously still needs formatted
Click to expand...

Even if you jumped up and down on it and ground it into a paste. They must then take you to court to prove you did not 'take reasonable care' of the item to recover their costs.
 
spoffle said:
Does the seller have a business account? Or rather, is it clear that they are selling as a business on eBay?

This is where you could come unstuck, because a "buy it now" doesn't necessarily mean DSR applies if the seller has sold it privately.
Click to expand...

If you see post 8 that's what the add states under returns.

Can you quote DSR returns before the sale then after say doesn't comply?
 
cammy5477 said:
If you see post 8 that's what the add states under returns.

Can you quote DSR returns before the sale then after say doesn't comply?
Click to expand...

That's why I ask, as that will likely be something that eBay automatically adds to listings, rather than it being something the seller put there themselves.
 
I think that by quoting the DSR themselves it's an admission that they're a business seller, the DSR just doesn't apply to private sales.

The nature of their activity would also be an indication.

If it's someone selling one HDD and they've sold 10 items in 5 years then they're unlikely to be a business.

If they've sold many items and had, for example, 20 of these HDDs to sell then it's likely they're a business.
 
edscdk said:
you made a mistake, sell the drive to get your money back its on the sellers fault!
Click to expand...

That's not really the point.

If the DSR is applicable then he's entitled to a full refund from the seller.

Like it or not the DSR allows you to return items purchased in error, for you to change your mind etc.
 
edscdk said:
you made a mistake, sell the drive to get your money back its on the sellers fault!
Click to expand...

Id like nothing more than to keep the drive if it would fit.

Have you never bought a pair of jeans that just didn't fit and took them back?

or once you got them home realised they made your bum look big :p so you refused to wear them ;)
 
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