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What are my rights in this situation?
Rosa_Alba
Posts: 10 Forumite
Hello,
I'll endeavour to keep this brief.
A fortnight ago, I bought a North Face rucksack from a company called Simply Hike (simplyhike.co.uk). The one I wanted was out of stock and I was recommended another. I am autistic and sometimes I do daft, but not unreasonable things and, in this instance I removed the hang tags because I wanted to try it out on a short walk to town where I knew nothing was going to happen to it.
The company are refusing to take it back and refund me simply because I removed the tags. I know the manager of the local Oxfam shop and, if I was to go in there and ask her to reattach them for me, no-one'd be any the wiser. But the company are insisting that the very removal of the tags renders the item used and, therefore in "un-resaleable condition".
Would you consider this reasonable, because I wouldn't. I have found a useful page which explains the SoGA in plain English and it seems to me, from what I've just read, the law is still on my side and they have no right to refuse me a refund/replacement with something more suitable. The site (whatconsumer.co.uk) states that a distance seller CANNOT insist that an item is returned in its original packaging in order for them to make a refund. I consider that a tag is part of the "original packaging" (it was posted in a blue plastic mailing bag which has since been discarded).
I'm on DLA and IS and £90 is a lot of money for me to lose. Yes, I admit fully to my naivety/stupidity, but I still believe that I MUST have some rights here.
Could anyone help me in determining what they are? I have no access to a CAB here and I don't cope well with phones (I find them FAR too stressful).
As it stands I have a very expensive white - or, more accurately, black - elephant sitting in the corner of my bedroom.
I apologise if this comes across as in any way rude, but I do tend to get VERY het up when frustrated and I've just come off the company's live chat service after dealing with an extremely arrogant customer service operator.
Thank you VERY much for any help.
Yours, extremely upset and anxious,
Rosa xxx
I'll endeavour to keep this brief.
A fortnight ago, I bought a North Face rucksack from a company called Simply Hike (simplyhike.co.uk). The one I wanted was out of stock and I was recommended another. I am autistic and sometimes I do daft, but not unreasonable things and, in this instance I removed the hang tags because I wanted to try it out on a short walk to town where I knew nothing was going to happen to it.
The company are refusing to take it back and refund me simply because I removed the tags. I know the manager of the local Oxfam shop and, if I was to go in there and ask her to reattach them for me, no-one'd be any the wiser. But the company are insisting that the very removal of the tags renders the item used and, therefore in "un-resaleable condition".
Would you consider this reasonable, because I wouldn't. I have found a useful page which explains the SoGA in plain English and it seems to me, from what I've just read, the law is still on my side and they have no right to refuse me a refund/replacement with something more suitable. The site (whatconsumer.co.uk) states that a distance seller CANNOT insist that an item is returned in its original packaging in order for them to make a refund. I consider that a tag is part of the "original packaging" (it was posted in a blue plastic mailing bag which has since been discarded).
I'm on DLA and IS and £90 is a lot of money for me to lose. Yes, I admit fully to my naivety/stupidity, but I still believe that I MUST have some rights here.
Could anyone help me in determining what they are? I have no access to a CAB here and I don't cope well with phones (I find them FAR too stressful).
As it stands I have a very expensive white - or, more accurately, black - elephant sitting in the corner of my bedroom.
I apologise if this comes across as in any way rude, but I do tend to get VERY het up when frustrated and I've just come off the company's live chat service after dealing with an extremely arrogant customer service operator.
Thank you VERY much for any help.
Yours, extremely upset and anxious,
Rosa xxx
0
Comments
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Not sure I understand what you mean by "hang tags". Can you post/link a picture? (You may not be able to put a link in your reply. If not, simply drop the http:// and www parts and the text should still appear).0
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The presence of the tags is not relevant to whether or not they should refund or replace under the sale of goods act. What is relevant is to the Sale of good act is why you want a refund or replacement. If the item has no faults and is as described they don't have to give you a refund or replacement under SOGA.
The presence of Tags is not relevant to return under distance selling regulations but the length of time you take to inform them you want to return the item is.
If you have informed them within the time limits that you want to return under DSRs then they should take it back, however that is easier said than done.
Get everything written down as simply as possible and take your complaint to trading standards if there is no progress.0 -
Why do you want to return it ?0
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Well I returned some trousers to Lands End without tags attched and they refunded no problem. Guess it depends on the retailer. It is in the SH T&Cs that tags need to be still attached though.0
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What ARE "hang tags" and why would their presence/absence affect the resale value of the product? (This is a genuine question - I'm not trying to stir the pot or anything).0
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Hang tags are the tags giving info about the product. I recently bought a coat and they had a few on them, one of them giving info about the waterproofing, another about the windproofing etc.There's a storm coming, Mr Johnson. You and your friends better batten down the hatches, because when it hits, you're all gonna wonder how you ever thought you could live so large and leave so little for the rest of us.0
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Ive never heard of anyone 'trying' a bag out' in the way that you did.
Why not just fill it up and walk around with it on your back during the day in the house.
Why did you buy the bag if you werent sure about it.
And why did you wait a fortnight before deciding.
As far as i know, dont you have to inform them within 7 days under DSR rules.
I'd have to be really, really sure before I forked out £90 for anything to be honest.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
And why did the hang tags (if they are indeed as described) need to be removed for the OP to try out the bag?0
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If you have informed them within the time limits that you want to return under DSRs then they should take it back, however that is easier said than done.
I'm not so sure about that. DSR allows the customer to open and inspect an item they receive. However, the OP has now modified it by removing the tags and has also used it:...in this instance I removed the hang tags because I wanted to try it out on a short walk to town...If I ordered a DVD from, let's say, play.com, would DSR cover me if I broke its seal and watched it? Probably not.0
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