7 day cooling off - still applies if camera used?

leo9

Hi,

I bought a camera from Currys online, opened the box and taken around test 10 photos with it. I think I may have made a mistake and want to return it for a refund. The camera is not faulty, I just think it's too complex. All bits are in new condition but the battery has been charged up and obviously the packaging opened (apart from the CD seals which are intact).

Currys Terms and Conditions say they will accept returns of online purchases within 7 days if the box has been opened to inspect the goods but "the product must not have been used".

However, I thought the Distance Selling regulations allowed me a 7 day cooling off period - does this apply even if I used/tested the camera? Thanks for any help...

I_luv_cats

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.

leo9

"you cannot insist that consumers return the goods as new"


Many thanks for that, I missed that crucial bit when I first read it!

I_luv_cats

Watch that the retailer doesn't cry their eyes out!!

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.

Also an issue about refund of delivery charge that many retailers don't follow or charge you admin/restocking for returning the goods!!

Hintza

And this where I think the DSR go to far and push up prices.

neilmcl

Hintza wrote: »

And this where I think the DSR go to far and push up prices.

And you can show the evidence for this?

You seem to be forgetting that the physical stores will have to factor in the added cost of each holding one or more as display models to allow customers to try them out in store, this is surely just an extension of this.

deanos

Just make sure you send it back looking exactly as it came and you will be ok,