Security Seals

Kai

Where does one stand with seals on an item purchased online?

I have purchsed a mobile phone and have opened it up to take a look at it, breaking the company's security sticker seal in the process. The seal does state that once the seal is broken, the item cannot be returned - but it also states that "this does not affect your statutory rights". Under the Distance Selling Regulations, how does somebody decide if the goods are right for them if yo ucan't open the box?

I would like to return the phone, but they are going to say that since the seal is broken they won't take it back?

HellsGranny

I think you will find that this is an 'unfair condition' as you couldn't hope to check the contents without breaking the seal.

Your Statutory rights under the sale of Goods Act will still be enforceable.

Cheers. HG

neilmcl

HellsGranny wrote: »

I think you will find that this is an 'unfair condition' as you couldn't hope to check the contents without breaking the seal.

Your Statutory rights under the sale of Goods Act will still be enforceable.

Cheers. HG

The SOGA has nothing to do with it, it's not faulty!

Under the DSR you can open any packaging to inspect, even use the item. There are certain exceptions such as software, DVDs etc but mobile phones should be OK. The only stipulation is that you take reasonable care of the item whilst in your possesson.

As you may or may not be aware you have 7 working days from receipt of the item to cancel in writing.

Kai

I gave notice in email well within 7 working days after date of deliver. Only problem is that they will not provide a returns authorisation number as I've broken the security seal to inpect the phone.

neilmcl

You don't necessarily need an RMA, that's for their own administrative requirements. I would contact them again and remind them of their legal obligations with regards to the DSRs.

Read the following as it should explain all http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Who did you buy the phone from?

pendulum

neilmcl wrote: »

Read the following as it should explain all http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Jeez, some of those clauses are very harsh against the seller.

Like this one:

When do I have to refund a consumer’s money if they cancel
an order?

3.46 As soon as possible after the consumer cancels, and in any case
within 30 days at the latest. You must refund the consumer’s money
even if you have not yet collected the goods or had them returned to
you by the consumer. You cannot insist on the goods being received

by you before you make a refund. See also paragraph 3.64.

And also the rule about if a consumer cancels an airtime or internet contract within the cancellation period, everything must be repaid including call charges!

Glad I'm not a retailer... very unfair to be honest.

Kai

neilmcl wrote: »

You don't necessarily need an RMA, that's for their own administrative requirements. I would contact them again and remind them of their legal obligations with regards to the DSRs.

Read the following as it should explain all http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Who did you buy the phone from?

I'd prefer not to name the company just now.

This mornig I've called Consumer Direct who have informed me that having a seal on the box broken doesn't mean that I can't return it. I've now written a letter with details of all correspondence made by email (copies enclosed) asking them to cancel and give them 10 working days to do so or I will go through the courts to get things sorted.

I hope it does get sorted but they do seem to be deliberately dragging their feet with regards to authorising a return. I sent them another email today saying that the seal has been broken but they should still let me return it as the seal states "your statutory rights are not affected".

neilmcl

Kai wrote: »

I'd prefer not to name the company just now.

Well it does make a difference to the advice you might get if you would, and frankly there is no reason not to.

For example, if the company is Play.com or any other online retailer not based in the UK then the DSRs don't apply.

Kai

The company is Mobile Phones Direct. They are based in the UK and my last couple of emails I've sent have been read and ignored so far. (I've requested delivery reports and read receipts in my email program).

neilmcl

You may try sending the emails without read receipts because some companies don't like this and you may find your emails treated as spam.

Have you actually spoken to anyone at mobile phones direct via phone? Ring them on 0845 470 4000, and ask for a Returns Number, don't mention the broken seals as it's not relevant.

Kai

neilmcl wrote: »

You may try sending the emails without read receipts because some companies don't like this and you may find your emails treated as spam.

Have you actually spoken to anyone at mobile phones direct via phone? Ring them on 0845 470 4000, and ask for a Returns Number, don't mention the broken seals as it's not relevant.

I've got the receipt and it states (directly from them):

[FONT=&quot]Your message was read on 27 November 2009 11:15:21 (GMT) Greenwich Mean Time : Dublin, Edinburgh, Lisbon, London[/FONT]

I've tried ringing through several times. The landline number just rings through until it disconnects. The 0845 number plays a prerecorded message saying that due to high demand, they can't answer any calls.

On their terms and conditions - they say that they will not issue any return numbers via telephone. It must be done in writing or by email. I'm sure that if by some miracle I manage to get through they will just tell me that.

See http://www.mobilephonesdirect.co.uk/customerServices/terms.aspx (Section 7.2)