Can I send an opened non-faulty item back within cooling off period?

npsmama

I've bought an appliance from amazon and after having tried it once I'm not happy with it.
The box is obviously opened and the item has been used once.
Can I return it under the Distance selling/cooling off law?

Or have I lost that right by using the product/

Thanks

Mark_Hewitt

npsmama wrote: »

I've bought an appliance from amazon and after having tried it once I'm not happy with it.
The box is obviously opened and the item has been used once.
Can I return it under the Distance selling/cooling off law?

Or have I lost that right by using the product/

Thanks

No. That's fine. The law permits you to use the product as much as necessary to determine if it is suitable. So yes, you can return it as long as it is still in saleable condition and has all the relevant packaging, user manuals etc.

Be quick, you only have 7 days.

bcl999

I didn't know that. I thought under the DSR items could only be opened for "inspection", not actually used. Interesting.

soolin

I also didn't think the product could be used, does anyone have a link to the actual wording of the DSRs please?

cleo1299

npsmama wrote: »

I've bought an appliance from amazon and after having tried it once I'm not happy with it.
The box is obviously opened and the item has been used once.
Can I return it under the Distance selling/cooling off law?

Or have I lost that right by using the product/

Thanks

According to the Consumer Direct website, you can't cancel on goods "which by their nature can't be returned". I suspect that might include appliances designed for personal use, such as electric toothbrushes or medical appliances or sex aids. You could ring Consumer Direct and ask them. 08454-040506

stugib

We discussed this on another thread a few months back. I think it came down to interpretation of one word in the guidance notes, rather than the legal wording itself, but I'm sticking to my rule of thumb that if you're only doing what they'd be happy to let you do in a shop, then you're entitled to do the same at home and return it.

That doesn't make it a try-before-you-buy, so if you've made food in it/brushed you teeth with it/done whatever else it's usually used for then I'd say the spirit of the law is that it's not returnable.

4743hudsonj

stugib wrote: »

We discussed this on another thread a few months back. I think it came down to interpretation of one word in the guidance notes, rather than the legal wording itself, but I'm sticking to my rule of thumb that if you're only doing what they'd be happy to let you do in a shop, then you're entitled to do the same at home and return it.

That doesn't make it a try-before-you-buy, so if you've made food in it/brushed you teeth with it/done whatever else it's usually used for then I'd say the spirit of the law is that it's not returnable.

good rule of thumb

as stated op, dsr aims to provide you with the experience that you get in a shop, so looking at it, feeling build quality but rarely ever using it however. Although it has been known to happen. What was the product op?

Mark_Hewitt

4743hudsonj wrote: »

good rule of thumb

as stated op, dsr aims to provide you with the experience that you get in a shop, so looking at it, feeling build quality but rarely ever using it however. Although it has been known to happen. What was the product op?

Indeed it depends on the product concerned. However the important thing to remember is that they cannot refuse a return of an item just because the packaging has been opened. (Again exceptions apply, software, shavers where hygene seal has been broken even if it has not been used)

derrick

Mark_Hewitt wrote: »

No. That's fine. The law permits you to use the product as much as necessary to determine if it is suitable. So yes, you can return it as long as it is still in saleable condition and has all the relevant packaging, user manuals etc.

Be quick, you only have 7 days.

7 WORKING days, beginning the day after delivery.
[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

" From page 18; - The time limits for cancellation are as follows.
For goods:
[FONT=&quot] Provided you give your consumer the required written information no later than the time the goods are delivered, their cancellation rights end seven working days after the day on which they received the goods[/FONT]"

soolin wrote: »

I also didn't think the product could be used, does anyone have a link to the actual wording of the DSRs please?

From the same link above; -

From page 28; -
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.

cleo1299

derrick wrote: »

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.

See http://www.amazon.co.uk/gp/help/customer/display.html?ie=UTF8&nodeId=1161020 for how Amazon interprets the regulations.

derrick

cleo1299 wrote: »

See http://www.amazon.co.uk/gp/help/customer/display.html?ie=UTF8&nodeId=1161020 for how Amazon interprets the regulations.

Amazon, (or any supplier), cannot take away statutory rights by their own T&Cs, I am not saying they are as they do seem to be adhering to the DSR,, but if they, or anyone else attempts to do so, then they need referring to Trading Standards fro breaching a CRIMINAL Act.
SoGA, DSR, etc will ALWAYS take precedence over companies T&Cs, (even if/when those T&Cs go further than statutory rights if there are any unfair/illegal terms in them).