What are my rights in this situation?

meer53

Flyboy152 wrote: »

Come on, have you not read the thread? There have been several posts that have been judgmental and nothing to do with giving advice. This always happens on here; a new member posts asking for support and advice and they get bombarded with insults and biased, overbearing opinion.

If there was a responsibility to not to remove packaging the regulations would have said so. But, they don't, in fact they specifically mention that packaging does not have to returned.

This is from the retailers website :

Items must be unused and in an as new condition with all packaging and labels/tags attached. The latest date for returns is printed on your delivery note for clarification.

Flyboy152

meer53 wrote: »

This is from the retailers website :

Items must be unused and in an as new condition with all packaging and labels/tags attached. The latest date for returns is printed on your delivery note for clarification.

How many times? :wall:

The law cannot be superseded by the seller's own terms and conditions.

meer53

Flyboy152 wrote: »

How many times? :wall:

The law cannot be superseded by the seller's own terms and conditions.

You can quote "law" as often as you like. If the OP hadn't cut off the tags to "test" the bag then they would have had their refund by now. You don't need the "law" if you follow the retailers instructions do you ?

bb999

meer53 wrote: »

You can quote "law" as often as you like. If the OP hadn't cut off the tags to "test" the bag then they would have had their refund by now. You don't need the "law" if you follow the retailers instructions do you ?

Irrelevant, as the OP DID remove the tags, and is still entitled to a refund under DSR assuming she notified them in time.

unholyangel

meer53 wrote: »

You can quote "law" as often as you like. If the OP hadn't cut off the tags to "test" the bag then they would have had their refund by now. You don't need the "law" if you follow the retailers instructions do you ?

If you didnt need the law, why on earth would it exist? Most consumer laws are created to protect the consumer from things that happen all too often.

Further, if the law didnt exist.......and bearing in mind that even with the law as it is, a LOT of companies still technically break the law with their T&C's (including large well known companies).......how many companies do you think would allow you a 7 working day period after receiving the goods where you have the unconditional right to cancel, allow you to cancel with a full refund and nothing to pay except return delivery costs if they informed you of this prior to contract conclusion etc?

I'm still of the opinion the tags are packaging. It is not part of the product itself. And even if it were, they still need to refund and then file for a breach of statutory duty. If they refuse they are not complying with the distance selling regulations. It really is that simple.