Any reason a helmet wouldnt be returnable under DSR?

skyripper

skyripper

skyripper

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Any reason a helmet wouldnt be returnable under Distance Selling Regulations?

Bought from a UK business, bought over the net, perfect condition, was not made to order, returned within the 7 day period.

Helmet turned up (to me) in a box crushed and damaged by the courier. Helmet itself seemed fine, it just didnt suit me.

Seller is saying he'll do a replacement, not refund. I think I can just return it under DSR making it his problem.

(whatever lid I buy now will be tried on before purchase, there was just no one selling the one I was interested near me).
 
No, none whatsoever. DSR applies to all goods sold on the net in the UK, including crash helmets. One thing i would not have done though is accept the delivery in the first place.
Any damage to the packaging of a helmet could mean damage to the helmet itself, even if it looks ok.
 
I bought a cheap helmet from Box helmets, it turned up and the box was falling apart. I said no I wasn't going to accept that. Sorted it out with Box and got a refund for my purchase. :)
 
If the lid was the right shape for my head, I'd have gone for the replacement. But its not, so I went for the refund. I'll wait and see what the seller says next.
 
Seller threw his toys out of the pram. Trading Standards have confirmed I am within my rights to ask for a refund. If he doesnt, I have to take him to court. Oh joy.
 
I understand your position, but nothing in the below changes my statutory right to return an item under the Distance Selling Regulations.

Under the Consumer Protection Distance Selling Regulations 2000, as a consumer I am entitled to a cooling off period of 7 days, and I have a right to cancel during this period. You have 30 days to process a refund and your local Trading Standards Office agrees with me - xxxx xxxxxxx.

http://www.direct.gov.uk/en/Governm...ionsthatcanchangeyourconsumerrights/DG_183048

I dont even have to give a reason, just supply notice that I wish to cancel.
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I also just noted I paid using paypal, so theres another option I can try if he continues to dispute it.

I can see his position (as a business) too, but if I could have tried the helmet before buying it, I wouldnt have bought it. Shame as it was a good lid, it just didnt fit my shape of head.
 
The DSR just sucks and gives buyers far to much rights. It must put small business out of business. Because rather than finding out, people just buy in the knowledge they can send it bac, regardless and puts the company massively out of pocket.

He can't sell that helmet as new or even safe, he doesnt know of its been dropped.
 
Glaucus said:
The DSR just sucks and gives buyers far to much rights. It must put small business out of business. Because rather than finding out, people just buy in the knowledge they can send it bac, regardless and puts the company massively out of pocket.
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That unfortunately is one of the downsides of an internet / mailorder business as opposed to one with the costs and overheads of a shop. Until the law changes, this is the way it is.

I've never used DSR before and I'd rather the helmet was suitable for me - or they made it available in the usual places alongside shoei, arai etc. It wasnt. I'm not in the habit of trying to **** over online companies but I'm also not in the habit of buying expensive items that arent right.

He can't sell that helmet as new or even safe, he doesnt know of its been dropped.
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Correct. Which is why he has insured delivery and a claim going in against the couriers. I supplied the photo's for him to make a claim against them. He shouldn't even be out of pocket.
 
Glaucus said:
The DSR just sucks and gives buyers far to much rights. It must put small business out of business. Because rather than finding out, people just buy in the knowledge they can send it bac, regardless and puts the company massively out of pocket.

He can't sell that helmet as new or even safe, he doesnt know of its been dropped.
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I was thinking the same thing,

if you buy something and you decide you just dont want it you should at the very least be liable for postage (both ways) and a restocking fee...
 
infact next time you want to try on items go to a shop like most other poeple don't expect other people to pay to have stuff shipped to and from yourself...!!!!
 
The cost of shipping to the OP would have been paid by the OP in his origional purchase, just like it would be at OCUK. If he is returning the lid under DSR the OP will have to pay for shipping. Shipping costs would only be paid by the supplier if the lid was damaged or it was the wrong lid.

I must admit though, i would never bye a lid without trying it on first.
 
if you buy something and you decide you just dont want it you should at the very least be liable for postage (both ways) and a restocking fee...
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I did pay for postage both ways. Under DSR I could even claim that back. I'm not. Actually if he had asked, I would pay a reasonable restocking fee. He isn't, he's refusing to grant a refund.

infact next time you want to try on items go to a shop like most other poeple don't expect other people to pay to have stuff shipped to and from yourself...!!!!
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Its not available in a shop. If it was, I wouldnt have bought it online.
I paid for postage both ways.

If you don't like the law write to your MP.
 
kitfit1 said:
Shipping costs would only be paid by the supplier if the lid was damaged or it was the wrong lid.
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Consumer advice about rights under DSR say I wouldnt even have to return it - the supplier has to arrange pickup if I chose not to return it. I feel that is being a bit of a **** though. Same as the idea of me claiming back postage.

I must admit though, i would never bye a lid without trying it on first.
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I won't either. I tried the other way, and so far the process has sucked. if everyone thinks this way it will limit sales of this brand until such time as they get their product into shops.

Shame, as its actually a damn good lid for the money and has a hell of a selling point.
 
I thought about this overnight, then got an email from the seller late this afternoon and I came to the conclusion "sod the DSR" so I've proposed a compromise.

Any mods wandering by - feel free to lock the thread.
 
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