Returning item under DSR but...

Vegeta

I purchased an LCD monitor from www.oyyy.co.uk.

Upon receiving it I noticed the seals on the box were already cut open, either by Oyyy staff or the item they sent to me was a customer return.

I want to return it to them as I purchased the item as a gift for someone else but it ended up being a duplicate gift so its going back.

On Oyyy's website it says:

Under the Distance Selling Regulations (DSR), most items can be returned by consumers for a full refund or exchange providing you notify us of your wish to cancel your order and return the item or items within seven days of receiving them. All items must be in an as new condition and in the original packaging. The packaging must not have been damaged or altered by the customer and all items must be unused with all seals/shrink wrap intact.

Any items that were specifically ordered for the customer, or altered or customized to the customer's specification, or pre-recorded media and software of any type, cannot be returned.

These and any other purchases that do not fall within the Distance Selling Regulations normally can not be returned, however if we are able to accept return of these items there may be an admin fee of 25% of the item value (min charge of £25 ex VAT).

Source: http://www.oyyy.co.uk/page.php/returns

Now, the item I received didn't have the seals intact. I did have a peak inside just incase it was loaded with crumbled bricks or something and everything does look as new and the contents are what they should be.

Would I be able to get a full refund?

Thanks.

Esqui

Yes, you should. DSR states that you can open to inspect the goods, but you must take care of them (which you have) before returning.

Mark_Hewitt

Vegeta wrote: »

Under the Distance Selling Regulations (DSR), most items can be returned by consumers for a full refund or exchange providing you notify us of your wish to cancel your order and return the item or items within seven days of receiving them. All items must be in an as new condition and in the original packaging. The packaging must not have been damaged or altered by the customer and all items must be unused with all seals/shrink wrap intact..

As I understand it, they can't make this demand. You are permitted to 'use' the item in so much as to determine its suitability. Which naturally means opening the box and inspecting it, and even plugging it in and using it briefly.

derrick

Ignore their T&Cs, they do not outweigh your Statutory Rights, they cannot insist you return "as new",

See [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.

Vegeta

They just sent a return email, how do I reply to this:

Dear Customer,

Thank you for contacting oyyy.co.uk.


You recently contacted us requesting a return of no longer required items on reference number ..........

Please read through the following conditions:

1) The items are unopened and unused?
2) All seals and shrink wraps are intact?
3) The items are in their original packaging, in a "resalable" condition and the packaging has not been altered or damaged?
4) The items are complete with all manuals, drivers, cables and other items etc that originally came with the item?
5) Under no circumstances must you write on, change or damage the packaging. Any items returned with where the packaging has been defaced or damaged will be refused.

If you can agree to all of the above points, then please reply to this email within 24 hours stating:

"I agree to your terms and conditions for returning no longer required items"

Upon receiving your reply, we will provide full details of how to return the items.

Kind Regards


Please feel free to contact us if you have any additional questions.


Sincerely,

I take it they are trying to put people off from returning items but the above conditions are posed as questions rather than strict conditions i.e "1) The items are unopened and unused?" would read as "1) The items must be unopened and unused" so they aren't attempting to override the DSR are they or are they trying to trap me by getting me to agree to their terms in a written email?

Also, if I did receive a customer return in the first place and some items of packaging are missing then would it be down to me to prove I didn't get rid of the shrinkwrap or down to the retailer?

Vegeta

Please can someone give me an answer ASAP as I am on day 6 of 7 of being able to give the item back under the DSR.

Thanks.

DVardysShadow

Answer as follows

I agree to your terms and conditions for returning no longer required items, with the following reservation:

Packaging is returned opened - in the condition supplied by yourself

Anihilator

DVardysShadow wrote: »

Answer as follows

I agree to your terms and conditions for returning no longer required items, with the following reservation:

Packaging is returned opened - in the condition supplied by yourself

Disagree here

You should reply along the lines of "i am returning under DSR which allow products to be returned within 7 days subject to appropiate inspection"

"As such the packaging has been opened to allow inspection but this in no way affects my consumer rights"

Please note I am returning under my consumer rights and not the companies returns policy.

Vegeta

Anyone else want to give an opinion as I want to get this right.

What if I answer them as above and they decline the return? Then what? Is messaging them by email proof enough if something does go wrong or do I need to communicate with them in writing?

Thanks to the above posters.

drsquirrel

If they reply to you, then that is proof enough that they received and read it.

You've already stated you wish to return it, so I don't see why you should worry about the time now.

Just tell them that DSR doesn't allow them to ask for such (and quote the quote above).

Vegeta

I've sent the retailer an email reply and will post any updates.

Thanks.