Return of Goods under Distance Selling Regulations

IntoTheVoid

IntoTheVoid

IntoTheVoid

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Joined
31 Dec 2002
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458
Hi,

When returning goods under the distance selling regulations, does it matter if the goods have been used once? I can find no mention in the legislation that states that goods have to be unopened, just that packaging has to be as per original and all parts included.

Thanks.
 
You can send back the goods even if they have been opened as long as all original contents are still with it.
 
The Distance Selling Act allow the same opportunity you would have in a shop to examine the goods, so technically you shouldn't use them, but as long as the packaging is as new you shouldn't have a problem.

I am a returns manager (don't hate me :D ) items have to be taken back if we are notified within 7 working days from the day after delivery. As long as you are sensible and don't write your RMA number on the box or stick a bix label on it - you'd be suprised how many people do, there is no problem.

Also if the companies terms and conditions state that you must pay to return the item there is no way you can argue this, but you will be refunded the total cost of the order including the cost of delivery, even though the company have paid to have it delivered to you.
 
So if for example you assemble a system from parts ordered and it does not work, you are not happy and change your mind about keeping it and you repackage it in the original boxs and bags and return within 7 days you should still get a refund?
 
Cody said:
The Distance Selling Act allow the same opportunity you would have in a shop to examine the goods, so technically you shouldn't use them, but as long as the packaging is as new you shouldn't have a problem.

I am a returns manager (don't hate me :D ) items have to be taken back if we are notified within 7 working days from the day after delivery. As long as you are sensible and don't write your RMA number on the box or stick a bix label on it - you'd be suprised how many people do, there is no problem.

Also if the companies terms and conditions state that you must pay to return the item there is no way you can argue this, but you will be refunded the total cost of the order including the cost of delivery, even though the company have paid to have it delivered to you.
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Umm, most companies require you to put your RMA number on the box, why would it be sensible not to do so?
 
Gopher_By_Fende said:
I think he means on the actual packaging of the product, rather than the box, jiffy bag or brown paper you wrap it in.
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But most companies tell you to display the RMA number on the outside of the packaging so the returns department can do whatever they do with it without delay.
 
I recently had a problem with a company as there policy mentioned nothing about RMA number so I send the item back. Contacted trading standards and by Law the only thing you need to do is, inform the company by mail, or another agreed channel such as a online system, and then return to the item.

The company cannot make you do anything more.
 
What I meant is that some people stick a label on the item packaging (not seperate box) for the RMA number or address - if you do that trading standards say you can be charged a restocking fee.

RMA numbers are just to make it easier for returns - I had a return back with the wrong number on - I thought it was a return from suppier so it wasn't opened for a few days.
 
Eisenhorn said:
When returning goods under the distance selling regulations, does it matter if the goods have been used once? I can find no mention in the legislation that states that goods have to be unopened, just that packaging has to be as per original and all parts included.
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There is no mention of whether they have to be unopened in the legislation .... but some suppliers have chosen to interpret it that way. The exception to that is with audio and video recordings, and software. For those, the legislation does (for obvious reason) require that any shrink-wrap etc must be intact.

It seems to me to be clear from that requirement specifically being placed on recordings and software that it wasn't intended to be the case with other goods. But, if the suppliers that take that stance insist on it, it will only get resolved if and when someone takes such a case before a suitable court and a decision sets a precedent, or when the DSR gets amended to tidy up the inconsistencies.

Also, though it doesn't seem to be relevant in your case, it's worth noting for the general case that the DSR doesn't apply to all goods (just most) and services. Some goods aren't covered by the DSR, and aren't returnable under it.
 
The regulations may not specifically mention opening or using the items but they say that the retailer must be able to re-sell the item as new, which they can't legally do if it's been used.

The DSR does NOT cover used equipment in any shape or form. It is purely designed to give you the same opportunity to inspect the goods as you'd have in a shop. You may think that you can use things in a shop, but in reality this will typically only apply to special "display" items which are presented for that purpose.

Buying something via mail order, then using it and expecting to return it for a full refund is akin to walking into PC World, getting them to fetch a brand new peripheral or system from the warehouse, opening it and using it for a bit and then saying you don't want it and walking away. Good luck with that one! As the retailer is now in possession of used goods which they can no longer sell, how would this be in the remotest bit fair on them?

You may think that, as long as you can repackage the goods to a standard whereby a subsequent buyer wouldn't know they had been used, then this is ok. Well legally it isn't but if the retailer can't tell then they may accept that you've not used them. If you're tempted to try this then just stop and ask yourself how you'd feel if something you'd bought "new" and paid full price for had actually been used by someone else beforehand?
 
I think the actual wording of the law is something vague like "in their original condition". From the retailers point of view that can easily mean "sealed and unused".
 
I think Vertigo1's post sums it up well... people can't expect to send goods back after they've used them, just because they have decided they no longer want them.

As regards to therubble's post about the RMA number, it is ok saying that you don't need to display it by law, but packages with RMA numbers on are likely to be processed quicker.
 
I've found it depends very much on the retailer, but apart from software,music,dvd etc if you have not ripped the box and have all the bits, it will be ok to return it (might be ok if you did rip the box)

A certain e-tailer sells 'open box' items at a discount so presumably they were returns.

Find a company that doesnt mess you about and stick to them like glue. ;)
 
PinkPig said:
I think the actual wording of the law is something vague like "in their original condition". From the retailers point of view that can easily mean "sealed and unused".
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From what I remember, the onus on the buyer is to :-

- retain possession of goods
- return them, or allow collection, if asked to do so
- "take reasonable care" of the goods while in their possession, for mandated periods.

The retailer can seek to clarify what they mean by "reasonable care", but must in turn be careful not to place unreasonable or unfairly onerous obligations or duties on the consumer, or they lay themselves open to challenge.

The official stance of the Office of Fair Trading is that they would regard any wording requiring goods to be in "original condition", or "as new" or with unopened packaging as unfair and subject to legal challenge by themselves under the Unfair Terms in Consumer Contracts Regulations.

Of course, the OFT's opinion of what the DSR says and/or means is not gospel - only a court can provide that. But it is highly suggestive of what the official line may turn out to be.
 
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