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how did you pay for this drive ? if you used a credit card then that will also help you.
DSR
- Thread starter cammy5477
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Soldato
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then you can contact your credit card company although.....im gonna guess the purchase wasnt over £100
Just send it back, special delivery and say you're returning it under the DSR. Tell them if they don't accept it you'll charge it back on your CC.
Failing that you can always raise a dispute on fleabay. As above, if they're a business they have to accept the return. If they're a personal seller, i.e. like we sell on the MM then he/she doesn't have to take it back.
Failing that you can always raise a dispute on fleabay. As above, if they're a business they have to accept the return. If they're a personal seller, i.e. like we sell on the MM then he/she doesn't have to take it back.
eBay tends to automatically add the blurb about DSR to buy it now sales because more often than not, a buy it now listing will be made by a business seller than a private seller, though not always.
I also wouldn't say that the frequency with which they sell items indicates whether they are a business seller or not, as some people like to clear out junk, or buy stuff and then sell it on fairly regularly.
Though your example of selling the same of multiple items certainly does.
Technically as long as the size was a correctly advertised then the seller wouldn't have to take it back on those grounds.
For opening the packaging though... He messed up there, you can't inspect it for suitability with out opening it, if there was no way of reasonably knowing it won't fit without opening it then you have every right to return it.
For opening the packaging though... He messed up there, you can't inspect it for suitability with out opening it, if there was no way of reasonably knowing it won't fit without opening it then you have every right to return it.
As long as they are a business seller, you can send it back under the DSR for no reason at all.
Soldato
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"Most Buy It Now purchases are protected...." It doesn't say that this particular item specifically is covered by DSR, it's because most Buy It Nows are from business sellers as spoffle has said. The OP still hasn't said whether the seller is a business seller.
If they are, they yes you can inform them of sending it back under DSR, regardless of condition/if it's opened/been used.
If they aren't, then I would side with the seller.
However, because the seller has already stated that he could have made a return if the product was unopened, indicates that he is a business seller, otherwise why would he accept returns for buyers' mistakes.
So yeah, send an email saying you want to return under DSR.
If they are, they yes you can inform them of sending it back under DSR, regardless of condition/if it's opened/been used.
If they aren't, then I would side with the seller.
However, because the seller has already stated that he could have made a return if the product was unopened, indicates that he is a business seller, otherwise why would he accept returns for buyers' mistakes.
So yeah, send an email saying you want to return under DSR.
He knows this and funnily enough it probably will be DOA when he tests it as he doesn't sound like he wants to issue a refund.
Not strictly true,
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf
"The DSRs do, however, give suppliers
a right of action against consumers for breach of the statutory
duty to take reasonable care of the goods."
You are of course allowed to open the packaging though and use it as you wont know if its suitable if you don't.
I have a Q: Under the DSR are you entitled to a refund of delivery too? I've never really bothered getting a refund of delivery before as it seemed a grey area.
And in addition to that, if you are would it be better to request the company organizes a collection by courier rather than you incur charges only for them to turn around and tell you that it cost too much and they aren't refunding it? IIRC certain e-tailers only refund up to a certain amount of DSR postage, something like £7.99
And in addition to that, if you are would it be better to request the company organizes a collection by courier rather than you incur charges only for them to turn around and tell you that it cost too much and they aren't refunding it? IIRC certain e-tailers only refund up to a certain amount of DSR postage, something like £7.99
Correct, but they MUST still refund in FULL and then take action to reclaim the money back.
To above: Whatever you pay for the original cost i.e. £10+£5 delivery, then you get a £15 refund. You only get a refund of return postage if it either states that you do, or does not state that you will have to pay return costs.
Can you not test it anyway? In a PC perhaps?
What about if it was one item of a larger order?
You'd just have to come to a sensible agreement I think based on what the the one item would cost to ship based on the original method of shipment.
Either that or it would have to go to court, and the judge wold more than likely order a similar cost, so in the case of a hard drive I guess about £3-5 plus costs.
That I do not know but would love to know the answer for!