What are my rights in this situation?

tomwakefield

meer53 wrote: »

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.

The company's terms cannot override the OP's statutory rights. Therefore in this case the terms are irrelevant and they cannot refuse to refund. If they feel the OP should bear the cost for not fulfilling their duty of care, they need to refund then try and recover the money in small claims court.

meer53

tomwakefield wrote: »

The company's terms cannot override the OP's statutory rights. Therefore in this case the terms are irrelevant and they cannot refuse to refund. If they feel the OP should bear the cost for not fulfilling their duty of care, they need to refund then try and recover the money in small claims court.

I'm just quoting from the retailers website. Think the OP will have to go all the way with this one though.

mountainofdebt

I don't think the Sales of Goods Act covers people removing the tags, using the bag (you hardly tested it, imo) and then deciding they don't want it.

Personally I think this is a very expensive lesson for the OP

tomwakefield

mountainofdebt wrote: »

I don't think the Sales of Goods Act covers people removing the tags, using the bag (you hardly tested it, imo) and then deciding they don't want it.

Personally I think this is a very expensive lesson for the OP

SOGA is irrelevant. The OP can return under DSR, which allows an unconditional refund. The store must then attempt to claim the money back if they want the OP to ultimately pay for it.

DCFC79

Why did you remove the tags, whats wrong with the bag

MisterBrico

tomwakefield wrote: »

SOGA is irrelevant. The OP can return under DSR, which allows an unconditional refund. The store must then attempt to claim the money back if they want the OP to ultimately pay for it.

Correct, except the DSR are there to let you inspect an item like you would be able to in a shop, for example you could say trying the bag in your living room is similar to trying it in the store. However NO brick and mortar store would let you go for a walk with the bag as a "trial".

That is the problem here, the OP has not merely tested the bag but has used it. The DSR are not a trial period but an inspection period.

tomwakefield

MisterBrico wrote: »

Correct, except the DSR are there to let you inspect an item like you would be able to in a shop, for example you could say trying the bag in your living room is similar to trying it in the store. However NO brick and mortar store would let you go for a walk with the bag as a "trial".

That is the problem here, the OP has not merely tested the bag but has used it. The DSR are not a trial period but an inspection period.

If the shop decides the OP hasn't fulfilled their duty of care, they cannot just withhold refund, they have to take the OP to small claims court. Until then, the OP must be refunded within 30 days. No ifs, no buts.

The OP could have dripped paint on it, cut holes in it, stuffed it down the loo, poured alcohol all over it and even not return it. If the OP notifies the store they wish to return the item within 7 days of delivery, they are legally entitled to a full refund. The store must then claim for damages.

somethingcorporate

MisterBrico wrote: »

Correct, except the DSR are there to let you inspect an item like you would be able to in a shop, for example you could say trying the bag in your living room is similar to trying it in the store. However NO brick and mortar store would let you go for a walk with the bag as a "trial".

That is the problem here, the OP has not merely tested the bag but has used it. The DSR are not a trial period but an inspection period.

and we are now outside the time period that allows returns under DSR. I guess it comes down to the wording of the OPs request to return!

bod1467

When requesting to return a product (e.g. by email, as the OP did within 2 days of receipt), do you have to specifically state you wish to return under DSR?

babyemily

I find this thread hard to believe. I have 2 kids with ASD and they know at 12 and 15 the difference between inspecting something and using it! I am actually a little bit annoyed with this. Never have I ever allowed my two to use ASD as an excuse for anything and yet here you are op implying that because you are "disabled" you should be allowed to defraud a company, because in my mind, thats exactly what you are doing. You bought a bag, you USED the bag, live with it. Nothing to do with being autistic whatsoever. I spend half my life helping people on the spectrum so I am not being callous to you as I do understand the difficulties you face but this has not been brought on by ASD this is buyers remorse. Tough op, just tough.