Distance selling regs question

huntaaar

Hi there

I bought an external DVD burner from Amazon on Wednesday... I have received the burner and opened the box and plastic bags with the wires etc and used the drive once.

I have decided I don’t really like the drive and would rather get one for my desktop instead, can I return the drive and get my money back under distance selling regs even though I have used it???

Thanks and any help would be appreciated

Proc

Hi,

I did a quick search but unfortunately could only find these threads from the past 4 weeks alone that fully explain your rights to return under distance selling regulations. Sorry I couldn't be much help.

http://forums.moneysavingexpert.com/showthread.html?t=1984273&highlight=distance+selling+return

http://forums.moneysavingexpert.com/showthread.html?t=1982461&highlight=distance+selling+return

http://forums.moneysavingexpert.com/showthread.html?t=1979701&highlight=distance+selling+return

http://forums.moneysavingexpert.com/showthread.html?t=1967985&highlight=distance+selling+return

http://forums.moneysavingexpert.com/showthread.html?t=1965607&highlight=distance+selling+return

http://forums.moneysavingexpert.com/showthread.html?t=1968365&highlight=distance+selling+return

http://forums.moneysavingexpert.com/showthread.html?t=1958429&highlight=distance+selling+return

http://forums.moneysavingexpert.com/showthread.html?t=1880771&highlight=distance+selling+return

http://forums.moneysavingexpert.com/showthread.html?t=1862603&highlight=distance+selling+return

http://forums.moneysavingexpert.com/showthread.html?t=1856057&highlight=distance+selling+return

http://forums.moneysavingexpert.com/showthread.html?t=1844215&highlight=distance+selling+return

BFG_2

Lol...lol...lol...lol.

Freddie_Snowbits

I ate a curry last night and now it is giving me some grief, and the folks around me have moved away. Can I sue the Curry house for the Aspirins I have to take?

bingo_bango

The short answer is yes. There is no requirement under DSR that you can't use the goods. How else would you expect to inspect the goods if you don't use them?

bingo_bango

Freddie_Snowbits wrote: »

I ate a curry last night and now it is giving me some grief, and the folks around me have moved away. Can I sue the Curry house for the Aspirins I have to take?

Not a chance. The law would expect that a reasonable person would take Alka Seltzer or Liver Salts, not Aspirin.

DVardysShadow

Freddie_Snowbits wrote: »

I ate a curry last night and now it is giving me some grief, and the folks around me have moved away. Can I sue the Curry house for the Aspirins I have to take?

Did you order the curry by phone? If you did, the Distance Selling Regulations will apply, but I believe there are exemptions which will prevent you sending it back.

derrick

Yes you can return under DSR's

From [FONT=&quot]OFTs BUSINESS GUIDE TO DSR[/FONT]

" 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."