Packaging dispute

hedgehogblu

I bought some Iomega backup tapes from Lambdatek (a pack of 5 tapes which are used with an external drive to copy data from a computer). When the item arrived, I realised that I had made a mistake and had ordered the incorrect type of tape to fit my drive.

I immediately contacted Lambdatek to notify them of my mistake and requested a return and refund so I could re-order the correct product. They said this was fine, so I completed an RMA form and returned the product.

I had en email from them when they received the item saying that it was missing an external cellophane wrapper and additionally one of the tapes inside had been removed from it's plastic wrapping, and therefore the item could not be accepted as a return. At no point had I removed anything other than the actual packaging from postage (brown parcel paper and bubble wrap) and I did not even remove any of the tapes from the box itself, as I could tell immediately from the side of the box that I had made a mistake when ordering the product and that I would need to return it.

I emailed back saying that it sounded most like they had shipped me a previously opened product, and I was not even aware that the box should have had plastic wrapping as it didn't come with any. They said they would investigate with their warehouse, but the next thing that happened was the item turned up on my doorstep again this morning.

I am now unclear what the position is regarding my rights. I have emailed them again to ask why the product was returned with no explanation, but I fear they are just going to claim that I removed the product wrapping when I received the item and that I can't prove otherwise. I would appreciate any advice regarding what I should do next to pursue this further? The tapes are not cheap and without the correct tapes I am stuck.

Thanks

vicshippers

Personally had I worked for the company, in the interest of good customer service - I would have refunded you and kept the tapes whether they were open or not.

However, I don't think you have many rights here as it's your word against theirs. Have you called them to talk to somone about it? I would try this tact - being overly friendly rather than accusing them of opening it to get out of the refund.

I would also name the company here, just in case the same thing is happening to other people.

hedgehogblu

vicshippers - Great idea. I gave them a call, and it was a long one but the manager was very reasonable and decided to accept the item back as a return. Apparently when the item was returned to me there was a letter included with it which must have been missed (I didn't open the item myself as I was at work), hence why I was confused at it being returned with no explanation. So it's all come out ok!

I can only imagine that somehow the item was mistakenly picked from a bargain bucket or something similar when it was originally packed, but recorded as being new on the order.

OlliesDad

The Distance Selling Regulation apply anyway which means that you can return the items within 7 days whether the pack is open or not.

This is presuming youbought them as a consumer and not a business.

vicshippers

OlliesDad wrote: »

The Distance Selling Regulation apply anyway which means that you can return the items within 7 days whether the pack is open or not.

This is presuming youbought them as a consumer and not a business.

7 days doesn't apply where the item is opened and can't be resold 'as new' - which is what the company was saying happened....

Glad you got it all sorted in the end!

Firefox1975

I think you can understand the companys initial point of view here though can't you?

I mean - they ship - you ring up sayingthey are not fit for purpose and then return them and all of a sudden the packaging has been opened? The first thing i would think is that the consumer opened them up, tried to use them and realised they didn;t work so invented a story to try get their money back?

not calling anyone a liar here cos shipping errors do happen

but i think it only fair to point out obviously what the companies returns department were thinking aswell.

very good of them to accept them back - Personally I would perhaps charged a restocking fee just to keep a fair balance between vendor and consumer.

gordikin

The 7 day DSR applies whether you open the packaging or not.
See the distance selling regulations, paragraph 3.58

vicshippers

Good call gordikin - I had no idea. That is absurd though...

I wonder what HMV would say if you started stripping the plastic off DVDs so you could see the disc...

gordikin

vicshippers wrote: »

Good call gordikin - I had no idea. That is absurd though...

I wonder what HMV would say if you started stripping the plastic off DVDs so you could see the disc...

That is one of the exceptions listed under paragraph 3.38!

vicshippers

Geek

:p

gordikin

vicshippers wrote: »

Geek

:p

I'm not working and have time for these things!