Distance selling: Company claiming they dont have to accept a return

dabluone

Hi all - I hope someone can help.

I purchased a Wacom Cintiq 12wx graphics tablet from shop X, it is a pretty poor device considering its price tag and doesnt perform well. This of course is my opinion and I have spent a day trying to set it up correctly, but to put it simply Im not happy with the purchase and wish to return it for a refund under the distance selling law.

Now after a day on the phone the customer service agent simply kept saying they cant accept a return that has been used. Bearing in mind that there online store sells "customer return items" with 6 months warranty.

Also there only advice was to speak to Wacom if I had issues - they even went as far as contacting Wacom on my behalf to ask them to phone me about my "issues".

I did have to tell shop X why Im returning item and this was not good enough. They simply kept saying youve used it, youve opened it yada yada...

I ended up asking for a managers phone number but only received an emai address. The sales manager has emailed today:

You do have the right to return goods but they have to be in new condition and un used.

M****** will make contact with you today and give you a returns number to send the goods back to me to check. If the goods are not in new condition we may refuse to issue a credit or charge a re stocking fee but if this is the case i will contact you to discuss it.

Now Im certain they cant suggest this nor charge me a "re-stocking" fee.

Sadly Im starting to crumble as I cant take the stress of fighting them. Its really getting me worked up. If I send it back they will almost certainly say the item is used, and refuse a refund or charge me. Then its a battle of my word against theres and how do I defend myself once they have the goods and have got me over a barrel.

Am I right in thinking that I can simply return it within the 7 day cooling off period because Im not happy with my purchase??????

Even though the rules are slightly open to interpretation Im almost certain that the rules do apply.
How else would I customer know if goods are suitable unless they had a chance to use them?

Ok so I bought goods that I wanted - but I couldnt try before I purchased so now that I have Im disapointed. IF I had an oppurtunity to try first then I wouldnt have purchased, but this is the reason why DSR exists

Consumer direct have told me to send the company a letter stating that I wish to return the goods under the dsr rules. In fact they said that I didnt neccassarly have to have the packaging and that unless the company ask me in writting to return the goods at my expense then they have to pick up the cost of collection. I dont feel like fighting this point because I know what the answer will be.

Im raising issue because this company are acting as if the rules dont apply - and I do feel bad that they will take a £££ hit on this because they will only be able to sell the item on as a "customer return" - but they are no longer being reasonable and are now choosing to not respond to me

oh EDIT: customer service have replied only to echo what the manager has said:

You can return the Wacom Cintiq 12WX Interactive Pen display to

Customer Service Dept
***********

However we reserve the right to refuse the goods should they be received in unsalable condition or to charge a re stocking fee in the event that goods would have to be sold at a loss.

Please return the item via traceable post which would require a signature upon delivery, and insured to the valued of the goods enclosed, as should they be lost on their way to us we will not be able to credit you. And package securely so that this does not get damaged in transit.
We will be in touch when this is received in our office

Tozer

Not if you have used it. The question is - is it faulty?

dabluone

no im not returning because it is fauly, im returning under DSR.

consumer advice advised me that i am allowed to return the item even if packaging had been opened and item inspected, even if this means you have to use it. The goods dont have to be faulty nor do I have to give them a reason for the return. Ive sent a recorded letter to say im returning goods under DSR and that they have 30 days to refund me.

The goods have been returned to the packaging exactly as I received them.

derrick

See the following pages of the OFT's Business Guide to DSR; -
14, (3.9 & 3.10, certain info they are required to give you).
27,(3.55, they CANNOT charge a restocking fee!).
28,(3.58 & 3.59, they cannot insist on goods being returned as new or with original packaging).

The rest of it is worth a read as well.



.

ts_aly2000

I have to admit that I'm with you on this one. I do think that you should be able to return it, provided that it's unmarked and as-new. That's how I interpret the DSR.

To return something clearly used and completely unpacked, and with all promo labelling removed, and the manuals thumbed, I would class as unacceptable.

You *should* be able to return that tablet. Admittedly I've tried those out, and they're hugely over-rated. Certainly 10-20 years ago they were of the highest quality, but today's ones are quite cheap and nasty.

Companies HUGELY ignored the DSR. And make it as difficult and stressful as possible. They're the ones that I avoid. Not that I've ever returned anything, but I like that option. It's only after a few days of examining something that I finally removed the promo stickers. That's when in my mind I've decided to accept it.

What's people's opinion on these blister packs that companies use? You know, the ones that are impossible to get into? Without breaking the plastic you often can't ever examine it.

ts_aly2000

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

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.

[Deleted User]

I am waiting for a refund from rosettaworld. I changed my mind and cancelled 20 min after sending the order. It was still sent out and I refused delivery. The money was taken from my bank account (cc) and I have spoken to the bank. I have to give the co 30 days and then will file a dispute with the bank. The bank will refund me if no joy and nothing will be removed for p&p. Keep all the e mails etc as evidence

My problem is that my pc has catastrophically broken down and my e mails are permanently gone, hence me sending a scure message to smile saying that I cancelled etc

The law is on your side OP and now also inform your bank/cc issuer

dabluone

company buckled and have said they've refunded me - gotta wait 5-7 days for it to show.

thanks for the input peeps>