A couple of questions regarding distance selling

Stu666

Got a couple of questions regarding distance selling:

1) Can you return an item within seven days if it has been unpacked and used? I ordered a spare part for a laptop over the telephone. Upon fitting the part it became apparant it was not required after all. The part is still in excellent condition but the seller will not take it back since it has been unpacked and used. Is he within his rights?

2) Do the distance selling regulations apply between EU member countries?

Thanks

neilmcl

Stu666 wrote: »

Got a couple of questions regarding distance selling:

1) Can you return an item within seven days if it has been unpacked and used? I ordered a spare part for a laptop over the telephone. Upon fitting the part it became apparant it was not required after all. The part is still in excellent condition but the seller will not take it back since it has been unpacked and used. Is he within his rights?

2) Do the distance selling regulations apply between EU member countries?

Thanks

1) No he's not.

2) No it isn't but the other EU country may have it's own version.

Sounds like you're on to a non-starter.

bap98189

Stu666 wrote: »

Got a couple of questions regarding distance selling:

Stu666 wrote: »

2) Do the distance selling regulations apply between EU member countries?

Yes.

Where do the DSRs apply? (Jurisdiction)
2.6 One aim of the Directive is to ensure that consumers enjoy the same minimum level of protection no matter where a supplier is based in the EU. If you are making distance sales to consumers in other member states you should be aware that the Directive may have been implemented differently elsewhere in the EU. You may therefore have to take advice to ensure that you meet your legal obligations in other member states

Stu666 wrote: »

1) Can you return an item within seven days if it has been unpacked and used? I ordered a spare part for a laptop over the telephone. Upon fitting the part it became apparant it was not required after all. The part is still in excellent condition but the seller will not take it back since it has been unpacked and used. Is he within his rights?

Trickier. Possibly not since I assume it was a laptop component that was packaged in some sort of airtight packaging. I think it is safe to assume you would not remove that packaging to examine it were you in a shop. Most electronic components are supplied in sealed boxes/blister packs of one sort or another.

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.

See the OFT's guide for more details.

shaun_from_Africa

Can you return an item within seven days if it has been unpacked and used?

My opinion would be no.
The DSR's are in place to give home shoppers the same chances to examine goods that they would able to in a shop and I doubt that any retailer would allow you to try bits inside you computer in order to fault find a problem.

Stu666

Thanks for the replies.

The part in question was a cable. I ordered it genuinely thinking it would solve an issue with the laptop but it turned out to be something else and the original cable was in fact OK.

The company I ordered the part from state on their website that they comply with the Consumer Protection (Distance Selling) Act 2000 but in another paragraph state they will not refund parts that have been removed from packaging and used for testing or trial purposes. The gentleman on the 'phone even suggested I try selling it on Ebay.

I don't blame them for wanting to stop cheeky sods sending stuff back, but I honestly thought the part was needed.

mo786uk

The DSRs do apply across Europe.

If you bought the item whilst in the UK and the shop is in France you would either get the UKs or Frances version of the DSR. They will be different laws but broadly the same with regard to cancellations.

The problem is which countries laws apply. My view is the businesses should as the customer agreed to their terms.