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Distance Selling Regs

Discussion in 'Serious' started by James, 6 Aug 2015.

  1. James

    James New Member

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    Hi...

    I'm just wondering how distance selling regs apply to this situation.

    I've bought a monitor... I've opened the box, took the product out... realised that the product is actually too big for the area. (not used, but unboxed)

    So under distance selling act... I've got 7 days after delivery of the item (starting the next day) to let the company know that I no longer want the product.

    However, the company is saying because I've opened it they can't accept it back.

    I'm not sure this is correct, the distance selling act has no mention of this.

    Any advice? (other than... check the dimensions of the product next time! :( )

    Thanks
     
  2. wolfticket

    wolfticket Downwind from the bloodhounds

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    As is my understanding they should accept it back (under Consumer Contracts Regulations, DSR doesn't exist any more), but they can reduce the amount they refund based on your handling reducing the resale value of the item.

    Largely based upon this thread and the links therein: http://forums.bit-tech.net/showthread.php?t=279537

    I'd quote Consumer Contracts Regulations at them, which states that it is your right to return the item (albeit with the possibility of some deduction), and then see if they make a reasonable refund offer.

    As someone who sells as well as buys it is fairly reasonable to make a a deduction according to the reduced open box value of the item if the buyer effectively simply changes their mind through no fault of the seller. It's hardly fair the seller should stand to lose a substantial amount in the transaction due the buyer's error.

    That said, any deduction should be reasonable and according to cost, and refusing point blank is a definite no-no.

    Or buy from Amazon. It seems they're to big to care and will basically take anything back with a full refund if you change your mind :)
     
    Last edited: 6 Aug 2015
  3. Mr_Mistoffelees

    Mr_Mistoffelees is not The Piper at The Gates of Dawn

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    This quote: "The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop." may be your undoing, depending on how they choose to interpret it, subject to them remaining within the law.

    Quote from: http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

    PS, I agree with Wolfticket, buy from Amazon and you won't have this kind of problem.
     
  4. Kronos

    Kronos Well-Known Member

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    I am positive that you are allowed to examine goods and obviously this will normally mean removal from packaging. With a monitor this is relatively easy and should incur little damage to the packaging itself. They are trying it on, might be worth a call to CAB or Trading Standards to get clarification.
     
  5. cjmUK

    cjmUK Old git.

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