returns with original packaging

janpanuk

Hi all,

Bough a brand new massage couch the other day £1200 (ouch) received it and the foot peddle is faulty the up button goes down and the down button goes up. Have also realised come to my senses that its to much money - have spoken to the company and they say they will only except a return in its original packaging, which I tore off and sent to the dump.

So the question is do I have any rites under the distance selling act it was bought over the phone and i have made them aware within 7 days.

They have said they will replace the foot peddle but I really would like to return the whole couch

thanks for your help

Jan

shaun_from_Africa

This is what the OFT have to say on the matter.

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

pinkshoes

You do not need the original packaging.

You are not entitled to a refund either; it's up to the company whether they wish to repair, replace or refund. In this instance, you'd get a repair.

Googlies_2

janpanuk wrote: »

Hi all,

Bough a brand new massage couch the other day £1200 (ouch) received it and the foot peddle is faulty the up button goes down and the down button goes up. Have also realised come to my senses that its to much money - have spoken to the company and they say they will only except a return in its original packaging, which I tore off and sent to the dump.

So the question is do I have any rites under the distance selling act it was bought over the phone and i have made them aware within 7 days.

They have said they will replace the foot peddle but I really would like to return the whole couch

thanks for your help

Jan

Personal or Business purchase?

arcon5

Did you order by visiting their website then ordering over the phone?

Telephone orders are included in the DSRs so you should be able to cancel in 7 days. If however you visited the store then confirmed the order by phone i'm not sure it would be considered a distance sale.

I do also believe despite DSRs you can reject a product within reasonable time under SOGA to get a full refund. After a reasonable time has passed its considered that you have accepted the goods and the remedy is the decision of the seller.

arcon5

Googlies wrote: »

Personal or Business purchase?

If its a business purchase then I think i'm in the wrong job eek!

Actually saying that, if its a personal purchase i'm in the wrong job!!

Thats a whole lot of money for a massaging chair :shocked:

shaun_from_Africa

pinkshoes wrote: »

You do not need the original packaging.

You are not entitled to a refund either; it's up to the company whether they wish to repair, replace or refund. In this instance, you'd get a repair.

The OP can insist on a full refund if the couch is being returned under the distance selling reg's.
They ordered over the phone and advised the seller of their wish to return within the stipulated period, so provided that the OP is a consumer and not a business, the seller hasn't any grounds for refusing a refund.