Consumer Rights: MoneySavingExpert.com discussion

chapperspmc10

Hi Art,

Thanks for the reply,
Surely if I show them the console and show that it doesn't work they have to repair or refund the console. If I turn it on you can see straight away that it is faulty.

Is this correct?

Chris

Art_2

chapperspmc10 wrote: »

Hi Art,

Thanks for the reply,
Surely if I show them the console and show that it doesn't work they have to repair or refund the console. If I turn it on you can see straight away that it is faulty.

Is this correct?

Chris

No it isn't correct. You could have damaged the unit yourself. You will need to prove the problem is a manufacturing one.

Regards,
Art.

rev_henry

I bought a sat nav just under a week ago from Cdiscount. Now having tried it out I've decided I would like to return it and exchange for a more expensive model as I just don't think its very good, and want a better one. On the Cdiscount site, when talking about DSR returns it demands goods must be returned in their sealed packaging. Is this legal? How can I have been able to inspect a sat nav if it stays in its box? Should I still be able to return it?
Thanks.

stugib

rev_henry wrote: »

On the Cdiscount site, when talking about DSR returns it demands goods must be returned in their sealed packaging. Is this legal? How can I have been able to inspect a sat nav if it stays in its box? Should I still be able to return it?

We discussed this on this thread a couple of months ago. If you take a look at the guidance I quoted there (IIRC the actual law isn't so specific), then you don't have to return it in sealed packaging, if you have to open the packaging to examine it to the same extent you'd be able to in a shop (is my interpretation).

In the case on that thread, I argued it wasn't necessary to open it for the OPs item, but in your case it seems reasonable that you should be able to at least switch it on and try out the features to see if it's suitable, as you'd be able to do if you were buying in Halfords etc.

derrick

rev_henry wrote: »

I bought a sat nav just under a week ago from Cdiscount. Now having tried it out I've decided I would like to return it and exchange for a more expensive model as I just don't think its very good, and want a better one. On the Cdiscount site, when talking about DSR returns it demands goods must be returned in their sealed packaging. Is this legal? How can I have been able to inspect a sat nav if it stays in its box? Should I still be able to return it?
Thanks.

Their T&Cs do NOT override the law!

OFTs BUSINESS GUIDE TO DSR

From page 28; -
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.

How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point. Unless one of the specific exceptions referred to above at paragraph 3.38 applies, consumers can exercise their right to cancel a contract and return the goods to you. The DSRs do not link cancellation rights with a supplier’s ability to resell items as new.

rev_henry

Well thanks very much for the info guys. Looks like its going back then. I hardly think I'm being unreasonable tbh. All I want is an exchange for a more expensive one, and I have a coupon for the difference.

stugib

rev_henry wrote: »

Well thanks very much for the info guys. Looks like its going back then. I hardly think I'm being unreasonable tbh. All I want is an exchange for a more expensive one, and I have a coupon for the difference.

Personally, I'd not complicate it with wanting to upgrade. You're entitled to cancel the contract and return the goods for a refund. Get that sorted, then buy the better model.

rev_henry

Oh, and the 7 days does start from the day after I receive it doesn't it?

Art_2

rev_henry wrote: »

I bought a sat nav just under a week ago from Cdiscount. Now having tried it out I've decided I would like to return it and exchange for a more expensive model as I just don't think its very good, and want a better one. On the Cdiscount site, when talking about DSR returns it demands goods must be returned in their sealed packaging. Is this legal? How can I have been able to inspect a sat nav if it stays in its box? Should I still be able to return it?
Thanks.

You should be alright. You have a right to inspect the goods and this means unpacking them. Remember under DSR you only have 7 days to return the goods. If you are exchanging for a better unit they should be pleased to help.

yes, the 7 days starts counting from the day you receive the item.

Regards,
Art.

userno1

Hi,

I attended the Oasis concert at Heaton Park, where attendees were offered refunds by Oasis due to technical problems. Refunds were available to people who returned their tickets along with a form by the 12th of July. I completed the form and returned it within the time frame (sent special delivery). I have not yet received a refund and am having difficulty contacting the promoters (3 emails, no response yet). I am concerned because it said that the form had to be completed correctly and whilst there was not much that I could have got wrong, there was a section that said I had to enter the serial numbers, the tickets had 4 or 5 differnt numbers on them so I contacted seetickets who assured me that it was the main number on the front of the ticket. I filled it in and sent it off but am concerned now as on some forum postings, people have used a different number as the serial number. The promoters say the refund is a gesture of goodwill, their decison is final and no correspondence will be entered into.

If they refuse my refund is there anywhere i can go fromt here? Would it be worth pursuing in the small claims court? I had 6 tickets so the refund should be for £229.00.
thanks in advance