Distance Selling Reg Question

Tom|Nbk · 9 Apr 2008 at 14:59

I bought an item from a competitor now they are refusing me an RMA because I have broke the seal on the box and anti static bag. Now I was under the impression you could return an item under the DSR even if it has been used as long as it is within 7 days of receipt.

Is this correct?

AtreuS · 9 Apr 2008 at 15:05

I think if its been used then they dont have to take it back, some do but charge a restocking fee ( 20% usually) to stop people taking the mickey.

If the seal is broken then to all intents and purposes its become second hand, regardless of wether you have actually used it or not... ask yourself, you YOU be happy paying new price for an item in packaging thats obviously been opened at some point?

Burnsy2023 · 9 Apr 2008 at 15:11

They are totally within their rights to refuse an RMA. The whole point of the 7 day rule is to give you the same opportunity to look at a product as you would have in a shop, nothing more.

Burnsy

bam0 · 9 Apr 2008 at 15:11

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.

From http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Burnsy2023 · 9 Apr 2008 at 15:14

bam0 said:
From http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Not as straight forward as I thought, but still, you wouldn't have that opportunity in a shop, so I doubt you could argue that.

Burnsy

Tom|Nbk · 9 Apr 2008 at 15:14

So I can return it then going by that clause?

Dave M · 9 Apr 2008 at 15:16

Tom|Nbk said:
I bought an item from a competitor now they are refusing me an RMA because I have broke the seal on the box and anti static bag. Now I was under the impression you could return an item under the DSR even if it has been used as long as it is within 7 days of receipt.

Is this correct?

They can't refuse you, but they could take you to court to recover costs of re-stocking it.

So they give you the money, then sue you for it. Does anyone think lawyers were involved in drafting this somewhere?

Burnsy2023 · 9 Apr 2008 at 15:16

Tom|Nbk said:
So I can return it then going by that clause?

I would argue no but you could quote it to them and see if they back down.

Burnsy

Tom|Nbk · 9 Apr 2008 at 15:17

Ringing up again now..

wesley · 9 Apr 2008 at 15:17

RMA? is the product broken?

[TW]Fox · 9 Apr 2008 at 15:18

Burnsy2023 said:
They are totally within their rights to refuse an RMA. The whole point of the 7 day rule is to give you the same opportunity to look at a product as you would have in a shop, nothing more.

Exactly - which normally means the ability to see the item out of its packaging, as most retailers have a display item.

Tom|Nbk · 9 Apr 2008 at 15:20

wesley said:
RMA? is the product broken?

No

Burnsy2023 · 9 Apr 2008 at 15:21

[TW]Fox;11465324 said:
Exactly - which normally means the ability to see the item out of its packaging, as most retailers have a display item.

I think it's totally subjective on the product. I wouldn't expect a shop to necessarily have a computer component on display. But there are other products like clothes that I would expect to be able to see and try on etc

Burnsy

[TW]Fox · 9 Apr 2008 at 15:24

Your local high street computer retailer generally has most highish value peripherals on display.

Tom|Nbk · 9 Apr 2008 at 15:25

Quoted the clause and they allowed me to return it, thanks for making me aware of that Bam0

The guy asked me to email the quote and the website link so they can put it on the RMA request, but it was approved this time round.

Burnsy2023 · 9 Apr 2008 at 15:26

[TW]Fox;11465370 said:
Your local high street computer retailer generally has most highish value peripherals on display.

I would argue that point, but it's been such a long time since I've actually been into such a shop I don't think I could comment

Burnsy

Bar · 9 Apr 2008 at 15:27

At the end of the day you can ask the shop and they can refuse to show you in which case you could walk away from the purchase.

In this case, that is not possible so you have every right to open it and return it as long as you have not damaged it.

Dave M · 9 Apr 2008 at 15:28

Tom|Nbk said:
Quoted the clause and they allowed me to return it, thanks for making me aware of that Bam0

The guy asked me to email the quote and the website link so they can put it on the RMA request, but it was approved this time round.

Don't worry about it, as a UK consumer buying from a UK trader you can practically ask him to bend over and think of england

Any trouble just give your local trading standards a call, they'll be happy to advise you.

Tom|Nbk · 9 Apr 2008 at 15:28

Yep exactly Bar, well within my rights to return it.

Tom|Nbk · 9 Apr 2008 at 15:30

Telescopi said:
Don't worry about it, as a UK consumer buying from a UK trader you can practically ask him to bend over and think of england

Any trouble just give your local trading standards a call, they'll be happy to advise you.

Cheers mate.

I guess that's one good reason for living in the EU