What are my rights in this situation?

bobajob_1966

Rosa_Alba wrote: »

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

It has been used. You test something by examining it in the household, maybe put a book or two to check it is the right size, not by taking it for a walk.

NCISROCKS

Rosa_Alba wrote: »

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

You have used it and removed the tags which is against their terms and conditions. SOGA doesn't enter the equation.

tomwakefield

SnowTiger wrote: »

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.

DSR makes no statement about the condition of the item, or even if you return it. If you request a refund under DSR, the company must refund you then, if necessary (breach of customers statutory duty of care), try and claim it back off you through small claims. Very biased in favour of the consumer, in my opinion, but that's how it is.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Can I withhold a refund if a consumer fails to take reasonable care of the goods?
3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give consumers an unconditional right to cancel a contract and legally oblige you to refund all sums due in relation to the contract as soon as possible after the consumer cancels, and within a maximum of 30 days. The DSRs do, however, give suppliers a right of action against consumers for breach of the statutory duty to take reasonable care.

Rosa_Alba

McKneff wrote: »

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.

Because this isn't my house. I don't have a house. I did it the way I did it because my father would have torn me off a strip.

Why did you buy the bag if you weren't sure about it.

And how was I supposed to know that I wasn't sure if I didn't...?!

And why did you wait a fortnight before deciding.

I didn't. I informed them within 2 days. They simply decided to ignore my emails.

As far as i know, don't you have to inform them within 7 days under DSR rules.

I did.

I'd have to be really, really sure before I forked out £90 for anything to be honest.

Yes, but you're not autistic, are you...? (and before you say "What's that got to do with it?" the answer is "everything").

So there you have it.

arcon5

Rosa_Alba wrote: »

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

With respect, whats your disability got to do with anything? I don't see how you stand to loose out because of your disability, nor has this been implied.

I agree with you, in that the fact the tags have been removed shouldn't stop you being able to return it. Some products simply by removing from packaging makes it difficult to re-sell, but thats their problem & not yours.
Maybe gently refer them to the OFT guide, particularly 3.58:
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

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.

Emailing your cancellation (as opposed to telephoning) is the best form of cancellation as it is classed as a durable medium. Infact it's a requirement. And to quote the regulation supporting this:

(3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

Your only problem now being the fact you have gone beyond 'testing' the goods, you have actively been using it.

If the condition is as you had never used it, and so long as you never told the company this, you may be able to get away with it, maybe not.

It's been pointed out they must refund you within 30 days of cancellation irrespective of whether the item has been returned, however realistically they won't do this if the item hasn't been returned.

You could return it to them with a copy of the invoice and cancellation email though and see if they play ball.

bobajob_1966

I did it the way I did it because my father would have torn me off a strip.

I don't understand - what were you going to do with the bag that would upset your father so much?

meer53

I can't see you getting a refund. If they say they will refund if the tags are still attached and you have removed them then how are they to know that you haven't just used it for one occasion and then decided you don't want it ? In what way is it "not suitable" ? Surely you could have discovered that whilst the tags were still attached ? I don't think the company are being unreasonable at all. Did you read the returns info before you ordered it ?

arcon5

meer53 wrote: »

I can't see you getting a refund. If they say they will refund if the tags are still attached and you have removed them then how are they to know that you haven't just used it for one occasion and then decided you don't want it ? In what way is it "not suitable" ? Surely you could have discovered that whilst the tags were still attached ? I don't think the company are being unreasonable at all. Did you read the returns info before you ordered it ?

I don't disagree with you in the slightest. Unfortunately I imagine it to be a common occurance (particularly with clothing), but refusing a persons statutory rights would need backing up with some hard evidence. I don't think removed tags would quite cut it here tbh.

I do think though it takes the mickey to actively use a product before returning it. DSRs are intended to allow you to inspect goods as you would in a shop, not use them and return them after.

meer53

arcon5 wrote: »

I don't disagree with you in the slightest. Unfortunately I imagine it to be a common occurance (particularly with clothing), but refusing a persons statutory rights would need backing up with some hard evidence. I don't think removed tags would quite cut it here tbh.

I do think though it takes the mickey to actively use a product before returning it. DSRs are intended to allow you to inspect goods as you would in a shop, not use them and return them after.

The retailers terms and conditions state they are happy to refund if goods are returned with original packaging and tags attached. The tags were removed. Therefore they are saying they won't refund.

As for the OP's disability, i don't think they should now use this as an excuse. The terms and conditions apply to everyone, disabled or not, they're not losing out on a refund because of this. The OP has said that having Autism has "everthing" to do with this situation. I disagree. If i were in the OP's situation it would be exactly the same for me. Surely if you have such a debilitating condition you would research thoroughly before placing your order ?

pimento

Get Oxfam to re-attach the tags and send it back. Either they will refund or they won't.