Distance Selling Regulations Query

bb999
bb999 Posts: 528 Forumite
edited 18 June 2009 at 12:56PM in Consumer rights
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?
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Comments

  • stugib
    stugib Posts: 2,602 Forumite
    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 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.

    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!
  • bb999
    bb999 Posts: 528 Forumite
    stugib wrote: »
    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.
  • stugib
    stugib Posts: 2,602 Forumite
    bb999 wrote: »
    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.
    You could ask but would they have let you open the blister pack? You weren't looking to see if the card met your generic needs, you were looking to check if your camera was faulty or not.
  • bb999
    bb999 Posts: 528 Forumite
    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.
  • stugib
    stugib Posts: 2,602 Forumite
    bb999 wrote: »
    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.
    I honestly don't know then. You could make a case that the DSRs say the packaging doesn't have to be intact. They could make a case saying the card did meet your needs (i.e. it was compatible) and the packaging didn't need to be opened to confirm that.

    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'.
  • dmg24
    dmg24 Posts: 33,925 Forumite
    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?
  • bb999
    bb999 Posts: 528 Forumite
    dmg24 wrote: »
    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?
  • Mark_Hewitt
    Mark_Hewitt Posts: 2,098 Forumite
    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.
  • stugib
    stugib Posts: 2,602 Forumite
    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 the question, it's whether returning it with 'broken' packaging in a non-resellable [at full price] condition is allowed, IF you don't have to open the package to examine whether the goods are suitable.
  • bap98189
    bap98189 Posts: 3,801
    First Post First Anniversary
    Forumite
    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.
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