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Returning goods + Distance Selling Regulation

jwellar
jwellar Posts: 4 Newbie
in Consumer rights
Hi, I would appreciate some advice please. I have purchased a mobile phone from Simply Electronics online. I have tried using it and cannot get it working properly with my sim card so have decided to return it. I have packed it up in its original packaging, but obviously it has been opened.

They are now saying that it can only be returned if it is in new condition and unopened. I have searched through several other threads and found lots of useful information regarding the Distance Selling Regulations which I have included in my response to them, but I think I am fighting a losing battle.

I have pointed out the error of their ways and my consumer rights, but what more can I do if they continue to refuse?

Thanks in advance for any top tips.

Comments

  • Meepster
    Meepster Posts: 5,955 Forumite
    jwellar wrote: »
    I have pointed out the error of their ways and my consumer rights, but what more can I do if they continue to refuse?

    The distance selling regulations are only applicable to UK (and some EU?) companies...

    Simply Electronics are based in Hong Kong and therefore the DSR's don't apply...

    So not a lot you can do TBQH...
    If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands

  • jwellar
    jwellar Posts: 4 Newbie
    Oh thats interesting. The address they have in their website is in the Isle of Wight so surely that counts as UK? There is no mention of Hong Kong, are they just being sneaky?
  • Meepster
    Meepster Posts: 5,955 Forumite
    edited 25 September 2009 at 10:14AM
    And that's why you should always read the T&C's before purchasing online...

    Taken from their T&C's:

    In these Terms of Use, we refer to SimplyElectronics Ltd. as "SE" and the website as the "Site". Our address is:

    SimplyElectronics Limited
    20th Floor, Trendy Centre
    682 Castle Peak Road
    Kowloon
    HongKong

    And:

    Applicable Law and Disputes

    Applicable Law

    By visiting the Site, you agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SimplyElectronics.net or its affiliates.

    ALL TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.

    Apparently the Isle of White address is just a returns address. And yes, they are being very sneaky...
    If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands

  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    A quick google gives rather a lot of complaints about this company however a lady called
    Vanessa Carroll would seem to be the customer service manager and seems to be very helpful.

    Drop her a mail and explain your situation [EMAIL="vanessa@simplyelectronics.net"]vanessa@simplyelectronics.net[/EMAIL]


    They do offer a 14 day returns service and it makes no mention of the item has to be unopened only that it has to be with the original packing and the item is to be in a brand new condition

    http://www.simplyelectronics.net/moneybackg.php

    Good luck
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • Blacksheep1979
    Blacksheep1979 Posts: 4,224 Forumite
    1,000 Posts Combo Breaker
    was it over £100 and did you pay by credit card?
  • jwellar
    jwellar Posts: 4 Newbie
    Thanks for your replies, all very helpful.

    I looked at the address under "contact us" and assumed. That'll teach me! :o

    It was a lot more than £100 unfortunately, but yes I did pay with my credit card just in case there was a problem. Can I get my money back through them if all else fails?

    The phone certainly is in brand new condition, but obviously I had to open most of the packaging to get to the phone and charger leads.

    They have asked for information on my problem with the phone which I will give. But I believe it is an issue with setting it up with my sim card rather than the phone itself. So I can't complain that it is faulty, merely that I am not happy with how it is operating.

    I will copy Vanessa Carroll with my response and see if that will help.

    Thanks again everyone.
  • jwellar
    jwellar Posts: 4 Newbie
    Vanessa Carroll is my new best friend. Thanks Optimist for giving me that top tip. :T

    They have said I can return the phone with a refund to follow. Let's hope that'll be the end of that.
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