Distance Selling Regulations

mi55pink

I am looking to buy a camera lens for my DSLR from the Jessops website but since I have bought a lens before that turned out to be awful I obviously want to try it out first.

I heard Martin on the radio a while ago mention DSR and so I called Jessops to ask about their return policy. I was informed I can return any purchase but their policy states it must be unopened and unused.

Clearly I have to use the lens to find out if I like it so where do I stand? Can I use it and return it if I find I don't like it even if it's not faulty?

gordikin

Yes you can.

gordikin

Obviously though you can't damage/wreck it!.

mi55pink

Thanks!

Didn't have any plans for action photography so shouldn't be any damage!

gordikin

Just unpack it carefully and have a play, if you don't like it pack it it up as best as you can and return it for a full refund.

unholyangel

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



Sooooo basically it depends on the goods and to what extent you would be allowed to inspect them in a shop.

derrick

unholyangel wrote: »

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

Sooooo basically it depends on the goods and to what extent you would be allowed to inspect them in a shop.

An extension to that on the same page, (28), from [FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

"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."




.

shortchanged_2

This was the reason the DSR's were brought into force because it is not possible to actually check out the suitabilty or quality of an item just by looking at a picture of it on the internet or catalogue.

So as the others have stated on here you have the right to open and inspect the goods and reject them without reason if you so wish.

Another thing companies try on is stating that once a package has been signed for delivery then you have accepted the goods. This is also false. On occasions your next door neighbour or another family member may accept delivery on your behalf. This does not mean you have accepted the goods.
As an example do you think a courier would wait for you to take a tv out of its box to set it up and try it out?

Googlewhacker

but remember if you wish to send it back not faulty then you must inform them within 7 working days

mi55pink

Thanks for your advice. Got it yesterday and turns out it's no good anyway as the website description is not accurate! Will be taking it straight back.