Distance Selling Regs apply after unboxing?

pcguy

Hi all,

I've bought a computer monitor online and I want to return it under DSR for a refund. I've opened the box and tested the screen. It has a problem - showing a faint grid and I don't want a replacment or repair as I suspect it might be on all of this model.

Can I return this under DSR even though I've tried the screen? It is still within 7 business days of it being delivered. I don't mind paying the postage as I really don't want to keep this. I have all of the original packaging and cables etc.

The retailer's return policy on DSR says items can be returned within 7 business days but it doesn't say if they will honour DSR if the item has been "used"/unboxed.

I thought the whole point of DSR was so that online buyers can inspect the goods and return if not up to expectations/standard?

Cheers

shaun_from_Africa

The whole purpose of the DSR's is to give distance buyers the same opportunity to look at and try goods to the same degree that they would be able to in a shop so unboxing and trying out a monitor is perfectly acceptable as far as the DSR's go.

What does the sellers website state about the return costs?
If they haven't stated that this is the responsibilty of the buyer then they are liable to pay this (although actually getting them to agree to this may not be too easy).

pcguy

Thanks for the reply, I've just re-read the returns policy and it does say the item can be returned to a store or a collection can be arranged. Hopefully they will honour that and the refund. I'll update on what they say.

wealdroam

On page 28 of the OFT's guide to the DSRs it says...

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.

pcguy

Interesting that the regs say the retailer can't insist on the original packaging returned.

I've arranged a collection via return, they were fine about it, didn't even ask the reason. They did ask for the original packaging though.