What are my rights in this situation?

bod1467

Not quite a fair analogy, as DVDs are an exempt item under DSR.

SnowTiger

bod1467 wrote: »

Not quite a fair analogy, as DVDs are an exempt item under DSR.

Okay. But the original poster has clearly modified and used the bag.

arcon5

The tags don't form part of the product, infact more likely classed as packaging. Removing them doesn't constitute modifying the product, particularly when they're supposed to be removed anyway.

Thats irrelevant though, ops bypassed the 7 working day period by the sounds of it so it's down to their goodwill.

Rosa_Alba

fred7777 wrote: »

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.

This is where I need an advocate. I don't have one and there is no possibility of me getting one.

I did inform them in reasonable time (by email). They simply didn't bother replying to my emails. Like I said, I'm no good on the phone, I find it REALLY stressful, especially if I'm kept waiting on hold for hours.

What the company has said to me is that if the tags were still attached then they'd refund me. Because the tags aren't attached, they won't - end of story.

Rosa_Alba

Should add that their returns period is 28 days. I'm still within that time.

Rosa_Alba

arcon5 wrote: »

The tags don't form part of the product, infact more likely classed as packaging. Removing them doesn't constitute modifying the product, particularly when they're supposed to be removed anyway.

Thats irrelevant though, ops bypassed the 7 working day period by the sounds of it so it's down to their goodwill.

Yes, but I emailed them WELL within that 7 day cooling off period - they just never bothered replying (probably deliberately).

I made it patently clear to them that calling them was not an option

I have a disability which severely limits the number of ways I can interact with people and the phone is one way which is definitely out.

Now because of that disability, which means I can only deal with folk via email, I stand to lose a not insubstantial sum.

I can't help being autistic, any more than I can help having blue eyes.

Rosa

bobajob_1966

As others have said, the problem appears to be that you have used the bag. The returns policy allows you to view/ examine the bag, but to then take it out implies that you wish to keep the item.

If I ordered a dress online, I have the right to try it on, check it fits etc. Once I decide to go out in that dress, even if just a quick trip to the shops, I am indicating that I wish to keep it.

NCISROCKS

Rosa_Alba wrote: »

Should add that their returns period is 28 days. I'm still within that time.

They also state:-

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.

Rosa_Alba

SnowTiger wrote: »

Okay. But the original poster has clearly modified and used the bag.

Hardly. The 'tags' to which I refer are the cardboard tags with the product description on, and the bag has been TESTED, not used. How was I supposed to know it wasn't suitable unless I tested it? The tags DO NOT form any part of the item. As I understand it, the SoGA allows for a product to be tested if received via mail order as how otherwise are you to know if it's suitable?

Rosa

Rosa_Alba

NCISROCKS wrote: »

They also state:-

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.

It most certainly IS in 'as new condition' the only issue is the tags. I could easily reattach them, but that isn't good enough, apparently.