ipod from amazon

edindie

Hi,

I got an ipod from amazon a few days ago and I am having second thoughts on wheter this was a good idea. If I HAVE opened it but there are no marks etc on it (for augment’s sake lets say it’s in perfect condition); am I allowed to return it despite there being nothing wrong with it?

Thanks for any help you can give!

The_Hallowed_Way

Yes. Under the Distance Selling Regulations (DSR) you are entitled to return an item bought online or via mail or telephone order. You have seven days from receipt of the item to notify Amazon of your intention to return the item (you don't actually have to send the item back within seven days.) Make sure that you tell Amazon that you are returning it under the terms of the DSR.

It should not matter that you have opened the item and don't let them try and convince you otherwise.

westiea

Hi

not sure if you are saying that u have got the ipod and opened it or if you have got the ipod and have not opened it - but this is from the Amazon website -

Our 30-day returns guarantee

Our 30-day* returns guarantee means that if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 30 days of the date you received the item, unopened (with any seals and shrink-wrap intact, clothing must have labels attached) and we will issue a full refund for the price you paid for the item--see our Refunds Policy. We can only accept the return of opened items if they are faulty. Please note that we reserve the right to send back items to you that have been returned to us after 30 days unless they are faulty

and this from Department of Trade and Industry's Consumer Gateway website

- When your order arrives

You have the right to return or cancel your order for any reason. But there are some exceptions.

If you don't like the goods or have changed your mind, you can cancel the order. This is usually within a seven-day 'cooling-off' period. You can cancel at any time until:
The end of the seventh working day after the day on which you receive your goods; or
The end of the seventh working day after the day on which the trader agreed to go ahead with the service.

But please note that you might lose your right to cancel once the service has started.


I think the best option is to email Amazon and ask - but i think they are under no legal obligation once you have opened it and it passes the 7 day cooling off period

bingo_bango

westiea wrote: »

Hi

not sure if you are saying that u have got the ipod and opened it or if you have got the ipod and have not opened it - but this is from the Amazon website -

Our 30-day returns guarantee

Our 30-day* returns guarantee means that if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 30 days of the date you received the item, unopened (with any seals and shrink-wrap intact, clothing must have labels attached) and we will issue a full refund for the price you paid for the item--see our Refunds Policy. We can only accept the return of opened items if they are faulty. Please note that we reserve the right to send back items to you that have been returned to us after 30 days unless they are faulty


I think the best option is to email Amazon and ask - but i think they are under no legal obligation once you have opened it and it passes the 7 day cooling off period

I'm afraid that's wrong westiea.

DSR's do NOT say that you cannot return an item if it has been opened.

The 'rule' above is for Amazon's own 30 day return policy. If you choose to return in those circumstances then you cannot send it back opened.

You can still return it inder DSR even if opened. Remember that for DSR to work you need to inform Amazon in writing within 7 working days. You then can send it back whenever (but as quickly as is reasonable).

westiea

Hi Bingo -
sorry yes your quite right - i think it is my writing that is misleading! I meant to say that although amazon states on website 30 days etc that the OP has 7 working days to return it (and as you state 'to inform in writing' that this is the case) - after that then it is up to Amazons returns policy -
From DSR-
The time limits for cancellation are as follows.:
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


Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?

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.

edindie

OK, thanks for the help guys. I'm outside the 7 days now so I've sent them an email on the off chance. Oh well!

bingo_bango

Agreed. I re-read your post and it was how you worded it. My bad!

Always good to debate this point though, as a lot of people are mislead buy just such terms on websites.

4743hudsonj

edindie wrote: »

OK, thanks for the help guys. I'm outside the 7 days now so I've sent them an email on the off chance. Oh well!

are you sure? its 7 WORKING days from the day after receipt so bank holidays and weekend arnt included;) perfect timing as we have had friday BH Sat and Sun Weekend and Mon BH. so 7 days from today would mean you had to receive the item on the 25th of march. inc the 2 bank holidays and 2 weekends.

jdturk

4743hudsonj wrote: »

are you sure? its 7 WORKING days from the day after receipt so bank holidays and weekend arnt included;) perfect timing as we have had friday BH Sat and Sun Weekend and Mon BH. so 7 days from today would mean you had to receive the item on the 25th of march. inc the 2 bank holidays and 2 weekends.

You beat me to it, I was going to say its working days

edindie

For the record, I emailed amazon and asked if I could send it back about 2-3 weeks after buying the ipod. I said that I have opened it but that it was in perfect condition. They said yes, and now I have had a refund.

What nice people Amazon are sometimes!