Purchasing Camera from Next..

N20Y1D

I have purchased a camera from the sale on the Next website and am just wondering where i stand in relation to returning the item. There was no mention about the returns policy being any different to say a pair of jeans on the item however I have just browsed the non sale items and seen this:

Please note refunds may be delayed up to 14 days while we validate your return. All electrical items returned under our home approval policy must be returned within 10 days of purchase, unused, in the original packaging and with any security seals intact. This does not affect your statutory rights.

Surely that goes against the Distance Selling Regulations:

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.
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.

So am I OK to have a quick play with the camera safe in the knowledge i can return it if i choose?

Meepster

Yeah, you'll be fine. Their "Home approval policy" can't over-ride your rights to return under the DSRs...

halibut2209

Although Next are known to be a pain in the backside when it comes to following DSRs

Hintza

Hmm, I'm not so sure.

If you use the camera or set up any software then I think they could argue the point.

moonrakerz

"This does not affect your statutory rights."

Flyboy152

N20Y1D wrote: »

I have purchased a camera from the sale on the Next website and am just wondering where i stand in relation to returning the item. There was no mention about the returns policy being any different to say a pair of jeans on the item however I have just browsed the non sale items and seen this:

All electrical items returned under our home approval policy must be returned within 10 days of purchase, unused, in the original packaging and with any security seals intact

Surely that goes against the Distance Selling Regulations:



So am I OK to have a quick play with the camera safe in the knowledge i can return it if i choose?

That is if you do not return the item within the seven working days, as allowed for in the DSRs. If you wait until after that time, they can apply their own terms.

unholyangel

Can you link us to the page where it says that on nexts website please?

I just had a quick look on their site and the only thing i can find in their T&C's that has "home approval" in it is:
Please note: refunds may be delayed up to 14 days whilst your return is validated. DVDs, Music CD & Blu-Ray films returned under the home approval policy must be returned within 10 days of purchase, unused, in the original packaging and with any security seals still intact.



I even tried googling the text and no exact matches. Closest match comes back to above (which is under the heading "Additional Terms and Conditions of Sale for DVDs, Music & Blu-ray Only") then again its early! Maybe i'm not fully awake yet.

Googlies_2

N20Y1D wrote: »

Please note refunds may be delayed up to 14 days while we validate your return. All electrical items returned under our home approval policy must be returned within 10 days of purchase, unused, in the original packaging and with any security seals intact. This does not affect your statutory rights.

Don't return under their home approval policy, return under the Distance Selling Regulations, it really is that simple.