Distance Selling Regulations Query

4743hudsonj

lol you cant say consumer direct are wrong

you go to them for the best advice you can get, you get it and deny all logic

you cant get a refund end of

yes dsr allow you to inspect goods which MAY include opening packaging but it DOES NOT include using it

the opening part is for lets say in an opaque box, where you want to see the product inside matches the pictures, this does not involve using it!

you used it by putting it in. you also opened it when it was not necessary to as the blister packs are see through and a memory card is a memory card, every brand has no or little difference between them bar the name so you had no reason to inspect the goods by opening the packaging

its your fault for not checking that the camera wasn't faulty


the aim of dsr is to give you time to have the experience of going into shops and look first hand at what you are buying as pictures and marketing can be deceptive to some, it is not a scape goat for noobs who ordered it, opened it without reason (under dsr) and used it then found out they mad a big c**k-up

oh and in future buy from amazon, you can pick up 2gb cards for under a fiver! (inc delivery) (sometimes 99p inc delivery!)

that way if you did make the mistake, you could sell it on for a profit quite easily.

people always say how some businesses try to screw you over

well to be honest, there are just as many people screwing them over so its no surprise they do the same

bb999

4743hudsonj wrote: »

lol you cant say consumer direct are wrong

you go to them for the best advice you can get, you get it and deny all logic

you cant get a refund end of

I queried the advice given by Consumer Direct and they have confirmed that one of their staff had mistakenly classed the memory card in the same category as software / DVD's / CD's which cannot be opened and returned due to piracy issues.

I have since spoken to the retailer again who has now accepted that I am within my rights to return the memory card and issued me with a returns authorisation no.

Thanks to everyone for your help.

And to 4743hudsonj, I can get a refund. End of.

4743hudsonj

bb999 wrote: »

I queried the advice given by Consumer Direct and they have confirmed that one of their staff had mistakenly classed the memory card in the same category as software / DVD's / CD's which cannot be opened and returned due to piracy issues.

I have since spoken to the retailer again who has now accepted that I am within my rights to return the memory card and issued me with a returns authorisation no.

Thanks to everyone for your help.

And to 4743hudsonj, I can get a refund. End of.

well then your very lucky as you had no right to one under the law and some more deserving people dont get refunds


but in future dont rely on your ignorance to the laws and luck to pull you through

oh and when yo queried them they probably just accepted it to avoid conflict

because their advice was solid and 100% correct even if they got the wrong impression which in my opinion is unlikely

bb999

No ignorance of the law, hence my initial query when CD originally said I was wrong, which they have now retracted.

So you think a memory card is classed the same as DVD / Software /Cd's etc

And why do you consider me to be 'undeserving'?

4743hudsonj

bb999 wrote: »

No ignorance of the law, hence my initial query when CD originally said I was wrong, which they have now retracted.

what? LOL!

im sorry but believing that both the company and consumer direct were wrong AS YOU STATED and then it turning out you are in the wrong

thats ignorance to the law

you were ignorant to the fact that dsr does not allow you to open and use product un necessary and then return them because they made a !!!! up!


and as i said you probably explained it in such a way when you phoned again that they thought they had gone wrong

my money is on consumer direct being correct

and as also mentioned

even IF they had given information based on an incorrect understanding, it wouldnt matter because the end result was that they still would have been correct and you still would have been wrong!

you had no legal right to a refund whatsoever and i feel sorry for the company who have lost out to your stupidity and ignorance

its no wonder they in turn screw other innocent people over!

your are extremely lucky to have it your way this time and i hope in future it does not happen again

if you still think your right read bap98189 post

its from dsr and PROVES you are wrong

bb999

Oh well, I've been PROVED right by both Consumer Direct admitting they had made a mistake and by getting a refund.

I'm sorry this upsets you so much and you take it so personally.

Remember this site is MONEY SAVING Expert, and advocates LEGAL ways of saving money, which is what I have done.

bb999

For refusing to accept that I've been proved right, and then starting the name calling.

Now please do me a favour and add me to your ignore list so I can't wind you up anymore, and I will do likewise.

derrick

4743hudsonj wrote: »

you cant get a refund end of

yes dsr allow you to inspect goods which MAY include opening packaging but it DOES NOT include using it

You are wrong in this case, and it has been proved by the OP getting the refund!

From the regs; - 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 reasonablecare of the goods.

"trying out the goods" must mean using them, how else could you "try them out"?

So under the regs they ARE allowed to try the goods!

stugib

You've neglected to highlight the most important word in that red section: IF

derrick

stugib wrote: »

You've neglected to highlight the most important word in that red section: IF

As with most things it is open to interpretation, and in the OPs case it seems it was interpreted, (eventually), the way I read it, and not as clear cut as 4743hudsonj said.