Dead Grannys don't change consumer law!!!!

marcowil

Hintza wrote: »

We sold an elictronic item online and the customer contacted us after a week saying thay had used the item for a week and it didn't suit their needs and they were sending it back under the DSR. I pointed out that it needed to be returned unused in its original packaging etc.

Hintza, though your customer was likely trying it on, the last bit you stated is wrong - from the OFT guidance literature

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

Hintza

marcowil wrote: »

examine goods they have ordered as they would in a shop.

It had been throughly used for 7 days and they admitted as much. Which was rather dumb of them I think they called it their "7 day free trial"! I'm sure many of our customers have done similar but at least when we got it back we could immediately resell as new.

marcowil

I agree that buyers couldn't and shouldn't use (or misuse) a product for seven days then return it but the DSR's do allow people to examine/try out goods and ultimately reject them up to 7 days after receipt. My post was in relation to you saying that goods have to be returned in original packaging - they dont.

wuckfit

I used to get people trying it on when I worked in Record/CD shop. Easiest to spot with cassettes, unless it was faulty, I'd refuse to take back items that were still wound half way through.
One cheeky customer said to me when i refused to take it back "but I've only had it out for a week". I told her that we were a shop, not a lending library.

Ivory_Tinkler

I used to work in M&S and remember being told that it was the likes of me that was ruining the country because I refused a woman a refund on a nightdress that was over 3 years old!

kingfisherblue

I used to work in a bookshop. One elderly gent wanted a refund on a book that he had read, because it had a spelling mistake in it. It didn't stop him from reading the whole book though.

Another customer, this time female, had read a book and didn't enjoy it, so she wanted a refund. I explained that this wasn't possible, so she told me that she would contact the Trading Standards office. I told her that she was welcome to do that andd I looked forward to speaking with them myself - funnily enough, I didn't hear from either TS or the customer again.

Also in the bookshop, we offered an ordering service. This was very popular, but sometimes people didn't leave enough time for us to order the books. I have been told on many occasions to 'Go and print a copy in the back' when we didn't have a particular title in stock, or even if it had been ordered but was out of print.

Lifeisbutadream

Esqui wrote: »

I seem to remember someone returning something and giving me a story about how their husband had just died. Quite depressing.

Although, on the cheeky side, I did once see a woman who'd bought a fridge freezer three months earlier and had "only just unwrapped it and it has a massive dent". Just to try, I gave the manufacturer (Daewoo) a call, mentioning that it was three months old, and was astounded to hear "Would she like an exchange or a new door?"

My oven was wrapped up for 3 months as we didnt finish our kitchen in our original timescale - I think that is quite reasonable if it obviously hadnt been used.

sujac

I remember when I was a store manager one afternoon a lady came into store went up to the counter and basically pushed another customer out of the way, dumped a carrier bag on the counter and demanded to talk to the manager

As soon as I went over and asked how I could help she launched into a 5 minute rant about a pair of boots she had bought a couple of weeks ago and how they had worn through on the sole and the heel tip had fallen off and how after the first wear she had discovered they weren't leather and an inferior quality etc.

Anyway she finally let me have a look at the boots and I thought 'ooh that's funny I don't recognise them' I asked her for her receipt in case she had bought them from another store which carried different stock, and after another min of her rummaging around in her bag she produced the receipt and slapped it on the counter. It was then I realised why I didn't recognise the boots. She had come into the wrong shop and the one she wanted a was a couple of doors down. She had the decency to be very embarrassed and quickly left the shop.

simpywimpy

I will admit to sending hubby into Focus to return a roll of paper. The friendly assistant say she would willingly give him a refund but it was a Homebase roll.....sorry hubby

saver_007

I had a customer who returned a digital cordless phone because it didn't come with broadband????????????
I gave him a full refund (had reciept and in box etc) because I really didn't have the energy to even go there!