Query regarding DSR

mks2005 · 16 Sep 2008 at 17:13

Just been having a read into the DSR, and I'm somewhat confused by the ambiguity of this statement:

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.

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

Had a quick search of the forums and this has been touched upon but I wasn't sure if any real conclusion was reached.

It's basically the bold bit I'm confused about. Clearly it's subjective, so how is it decided legally what would be 'shop-based' inspection?

Is the general rule that most e-tailers are fine with things being returned if they've been opened? Would getting electrical goods, such a TV or Monitor out of its packaging to inspect be classed as means of inspection 'as I would in a shop'? I'd imagine many shops would indeed allow this, but perhaps not all. Does it therefore vary from e-tailer to e-tailer depending on what they individually class as reasonable?

I was wondering if anyone knew if there was any definite answer to this. Thanks.

Delvis · 16 Sep 2008 at 17:16

I returned a monitor under the distance selling act if that helps...

Because I was not happy with it, it had a stuck pixel, so I got it returned eventually...

Kind of the same thing I guess?...As I said though, it did take a couple of weeks and numerous emails.

aproctor · 16 Sep 2008 at 17:18

You can open it and inspect it as long as you can sell it again you can return.

mks2005 · 16 Sep 2008 at 18:23

Delvis said:
I returned a monitor under the distance selling act if that helps...

Because I was not happy with it, it had a stuck pixel, so I got it returned eventually...

Kind of the same thing I guess?...As I said though, it did take a couple of weeks and numerous emails.

Interesting.

I guess at the end of the day if you open stuff very carefully and repackage it almost identically to how it was sent, I can't see it being an issue then.

Ben M · 16 Sep 2008 at 18:25

so you could order stuff for a whole rig, bench it and send it back? all it'd cost you is p&p on the way back...

I couldn't so blazenly waste people's time and money, but still.

dipper17 · 17 Sep 2008 at 00:02

No, its the individual parts that matter. If each one is fit for purpose then you cannot send back. If the company said they would all work together then thats a differenct story.