Distant Selling Regulations - Hygiene Product

nxdmsandkaskdjaqd

I would appreciate an interpretation of the Distant Selling Regulations.

So an on-line purchase was made of a small pressure relief fleece for a chair (lambs wool on a backing). Upon receipt the item was opened and tried and was found not to be suitable. The company has been contacted within 7 days to arrange return, but is refusing to accept return on the grounds of hygiene.

The Distant Selling Regulations allow for the consumer to try and return products if not suitable, but I am stuck for an interpretation around the hygiene point? Also is this really a hygiene related product? Any advise would be appreciated.

fluffnutter

If clothes aren't exempt (which they're not), I don't see how a fleece lining for a chair can be exempt from the DSR due to hygiene. Stand your ground. Write to them explaining that you believe this contravenes the DSR, that deeming a fleece lining to be a product for which particular hygiene rules applies is not in the spirit of the DSR and that you await your refund within the stipulated 30 days. If they don't return your money in this period, write again with a letter before action giving them, say, a further 7 - 14 days to refund you, advising that, if they don't, you'll pursue them in the small claims court.

That's my opinion; others might find a fleece lining as personal as a pair of pants....

fluffnutter

I've just had a squizz at the Office of Fair Trading's guidelines on DSR, and interestingly, products can not be exempt due to 'hygiene'. There are extra considerations, such as not removing hygienes seals, and taking 'reasonable care' but there is no specific exemption under hygiene grounds.

Check this out, particularly paras 3.38 (which stipulates goods that are exempt - note there's no mention of 'hygiene') and 3.41 through 3.44. You might even want to quote from this in your letter.

PZH

I think this is going to go the way of the Mattress arguments (Did that one ever get solved?) and taking them out of their wrappings ?

EDIT: Having said the above - one assumes that the cover is simply for a normal chair and therefore no hygiene issues at all really

fluffnutter

But you're allowed to inspect items, and that includes removing the packaging....

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.

You have to take reasonable care of the product but even so, that doesn't remove your rights to return it under DSR. If they don't like the way you've returned something they have to pursue you for 'breach of statutory duty'....

Consumers have the right to cancel even if they fail to take
reasonable care of the goods; however the DSRs do give suppliers a
right of action against consumers for breach of the statutory duty to
take reasonable care.

I think two things... 1. This 'hygiene' issue is misinterpreted (in their favour) by suppliers and 2. a fleece lining wouldn't be deemed a 'hygiene risk' anyway.

PZH

fluffnutter wrote: »

I think two things... 1. This 'hygiene' issue is misinterpreted (in their favour) by suppliers and 2. a fleece lining wouldn't be deemed a 'hygiene risk' anyway.

Totally agree.

Pinkypants

phoodless wrote: »

I think this is going to go the way of the Mattress arguments (Did that one ever get solved?) and taking them out of their wrappings ?

Hasn't been solved as far as I know, and properly won't until there is a few court cases.

Best not too remove plastic bag until happy that your keeping it. Retailers WILL know if it's been re-bagged!

fluffnutter

Pinkypants wrote: »

Hasn't been solved as far as I know, and properly won't until there is a few court cases.

Best not too remove plastic bag until happy that your keeping it. Retailers WILL know if it's been re-bagged!

They probably will know but it makes no difference. The regulations are quite clear: Goods can be removed from their packaging. Goods can even be returned without their packaging. Any company that refuses to refund your money because you've opened something is breaking the law.

Pinkypants

Breaking the law or not

Until it's been challenged in court, the retailers will keep on saying that you can't return mattresses once they've been taken out of the bag, due to health and safety/hygiene.

I work in the trade and although we do not trade online, we have lots of contacts that do. They all say the same thing.

LisaB1970

fluffnutter wrote: »

a fleece lining wouldn't be deemed a 'hygiene risk' anyway.

It could be - depending on what it is used for.
The OP says its a pressure relieving item. These are used to relieve/prevent pressure sores. If the sores arein situ already then they "could" be deemed a hygiene risk, but this doesn't change the OPs rights under the DSR's.

Good luck OP, let us know how you get on:D