companies flouting 7 day returns statutory rights?

irnbru_2

Hintza wrote:

I had one guy who bought a camera for attaching to his telescope to take sky at night photos I was not too pleased when he returned it stating that it did work for that!! To me he should have checked this out before purchasing and not using my items to experiment with. Needless to say the camera is still sitting here and will have to be sold at a discount as it is now opened.

Did you not charge a restocking fee?

Something bought in error, unused and returned at the purchasers expense is fine.

Buy and try is not.

Hintza

He initially told me it had a fault. It wasn't until I received it back it transpired what he had been trying to do with it. Should have charged him a fee though ...too soft!!!

irnbru_2

Hintza wrote:

Should have charged him a fee though ...too soft!!!

Get tougher!

bingo_bango

The DSR's are there for exactly the reason quoted above. They are to provide the consumer with an opportunity to inspect and view the goods to decide whether or not they are suitable but realistically, the consumer should not use the product if they feel it will not be suitable. The DSR do not stipulate that a consumer is not to open the product.
This is allowed as you don't have the same opportunities you would have to look at it by visiting a shop.

Should you decide that you do not wish to keep them, you can return them by giving written notice of cancellation at any time within the 7 working day period, the first day of which is the day after the goods are delivered to the consumer, by letter, fax, or email.[S11(2) DSR]

The retailer cannot make a charge for a 'restocking fee', or indeed any other fee when refunding for goods returned by a consumer exercising their right of return under S11(2) above, unless specified as by S14(5) set out below.[S14(1)DSR]

If the retailer has specified in the contract that the consumer will pay a return postage fee in these circumstances, then this is allowed.[S14(5)DSR]

Any refund to be made to the consumer, must be paid as soon as is reasonably possible, but in any event, to be no longer than thirty days from the date the cancellation notice was given.[S14(3)DSR]

Should the retailer not comply with any of the above conditions, this becomes a criminal breach of DSR, which is enforced by Trading Standards Service, and all such breaches should be reported to them.
http://www.tradingstandards.gov.uk

pigeonpie

thanks Bingo Bango (great name)

I was referring specifically to the big companies, not a small outlet for whom obviously returns are a lot more difficult. Those that sell expensive PCs in large quantities should conform to the law as BB has stated above.

inmypocketnottheirs

Basically, there is no protection in law for 'buyer's remorse'. The only obligation a seller has to to correctly describe the goods and deliver them in a merchantable condition. If that has been done, the goods work then why should an opportunity be made for their return. If the goods are faulty and are not fit for the purpose intended, then there is consumer rights and protection.

Some retailers add to these basic rights by offer refunds and or exchanges, but these are above and beyond their legal requirements.

As it is in the eyes of the law 'caveat emptor' - let the buyer beware. It is the responsibility of the buyer to be certain that the goods fit their requirements. After all, who would be happy in receiving repackaged goods that had been returned used from other buyers.

bingo_bango

inmypocketnottheirs wrote:

Basically, there is no protection in law for 'buyer's remorse'. The only obligation a seller has to to correctly describe the goods and deliver them in a merchantable condition. If that has been done, the goods work then why should an opportunity be made for their return. If the goods are faulty and are not fit for the purpose intended, then there is consumer rights and protection.

Some retailers add to these basic rights by offer refunds and or exchanges, but these are above and beyond their legal requirements.

As it is in the eyes of the law 'caveat emptor' - let the buyer beware. It is the responsibility of the buyer to be certain that the goods fit their requirements. After all, who would be happy in receiving repackaged goods that had been returned used from other buyers.

Whilst this is indeed true for retailers whose premises you visit to buy the goods, my response was to the OP, who had specifically asked about buying from a distance method.
As for the size of the company, there is no distinction made for number of sales. If they are selling goods for a profit to consumers, then they are a retailer. If they are a retailer, then they are subject to the DSR's....no exclusions.
Certain products are excluded from DSR, but no retailers.
BTW....if you call a retailer from a public phone/call box to place your order, then DSR do not apply.

Altarf

bingo_bango wrote:

The DSR do not stipulate that a consumer is not to open the product.

But it doesn't say that the consumer is able to open the packaging, if doing so destroys the packaging.

The DSR does say that the consumer must take reasonable care of the goods, which does include the packaging. If the packaging is of the sort that you can see the goods inside, but can't open it without destroying it, then there is a strong argument that if the consumer opens the packaging then they have not taken reasonable care of the goods. If the consumer has not taken reasonable care of the goods the retailer still has to make a refund, but is allowed to make a charge for the damage.