Distance Selling Regulations Query
bb999
Posts: 528 Forumite
I bought a memory card from an online retailer and find that it will not work in my camera - I now think my camera is probably faulty.
The card came in a blister pack which obviously had to be opened to try the card.
I have contacted the company to say that I want to return it under the DSR and they refuse to give me a returns no. because it has been opened.
I have spoken to Consumer Direct and they have said the retailer is correct because it comes under the same exception as a CD or DVD, but I would have thought this exception is to stop you buying something then copying it and returning it.
I believe both the retailer and Consumer Direct are wrong - what do you think?
If I am right, how do I get a refund without Consumer Direct on my side?
The card came in a blister pack which obviously had to be opened to try the card.
I have contacted the company to say that I want to return it under the DSR and they refuse to give me a returns no. because it has been opened.
I have spoken to Consumer Direct and they have said the retailer is correct because it comes under the same exception as a CD or DVD, but I would have thought this exception is to stop you buying something then copying it and returning it.
I believe both the retailer and Consumer Direct are wrong - what do you think?
If I am right, how do I get a refund without Consumer Direct on my side?
0
Comments
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From the Business Guide referenced on the other thread.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 cancelon 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.
Personally I don't think it's cut & dried either way in your case - there was no need to open the packaging to examine the card. A shop wouldn't have allowed you to do it to check your camera was faulty. But then again I can't see what the resolution is where someone opens the packaging unnecessarily, and it says they can't refuse only on the basis it's not resaleable!0 -
From the Business Guide referenced on the other thread.
Personally I don't think it's cut & dried either way in your case - there was no need to open the packaging to examine the card. A shop wouldn't have allowed you to do it to check your camera was faulty. But then again I can't see what the resolution is where someone opens the packaging unnecessarily, and it says they can't refuse only on the basis it's not resaleable!
If I had gone to a shop to buy the card I would have taken the camera with me and asked to try the card.0 -
If I had gone to a shop to buy the card I would have taken the camera with me and asked to try the card.0
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I had no reason to suspect my camera was faulty, I just thought that my original memory card was not working.
If I thought the camera was faulty I would have taken it to a camera shop to be checked, not just ordered another memory card.0 -
I had no reason to suspect my camera was faulty, I just thought that my original memory card was not working.
If I thought the camera was faulty I would have taken it to a camera shop to be checked, not just ordered another memory card.
Remember the DSR isn't a 'try before you buy' law, it's just to give you the same opportunities as buying in a shop, and I still don't think a shop would let you open it - they'd be able to tell you, and you'd be able to decide, whether it was suitable for your camera without opening it. The fact your camera was faulty doesn't make the card less 'suitable'.0 -
I think that Consumer Direct are getting confused between computer hardware and software. Software that has been unsealed cannot be returned under the DSR. There is nothing to say that hardware may not (unless it has been adapted/ specially built etc).Gone ... or have I?0
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I think that Consumer Direct are getting confused between computer hardware and software. Software that has been unsealed cannot be returned under the DSR. There is nothing to say that hardware may not (unless it has been adapted/ specially built etc).
That's was what I thought, but without them onside how do I take the matter further?0 -
Under the DSR you are allowed to return an item for any reason you wish. Not requiring it any more because your camera is faulty is as good as any.
I recently bought a camera charger for my Mum but had to return it because she had lost the camera!!!
And yes, consumer direct is entirely wrong and probably doesn't understand what a memory card is. Unless it's pre-loaded with software, it doesn't apply.0 -
Mark_Hewitt wrote: »Under the DSR you are allowed to return an item for any reason you wish. Not requiring it any more because your camera is faulty is as good as any.0
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Mark_Hewitt wrote: »Under the DSR you are allowed to return an item for any reason you wish. Not requiring it any more because your camera is faulty is as good as any.
That's not true. You can return goods for any reason, but not if you open the packaging.
As stugib posted above, you may return goods after opening the packaging only if you need to examine the goods as you would in a shop. It's a memory card, there is no need to open it to examine it. it is easy to tell from the outside whether it is suitable for your camera or not. No shop would allow you to rip open the packaging before purchase as they tend to come in blister packs so once opened they can't be resold.
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.0
This discussion has been closed.
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