What are my rights in this situation?

unholyangel

bod1467 wrote: »

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?

No.

(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.

Also:
(4) A notice of cancellation given under this regulation by a consumer to a supplier or other person is to be treated as having been properly given if the consumer—
(d)sends it by electronic mail, to the business electronic mail address last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent).

unholyangel

babyemily wrote: »

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.

Bit harsh tbh. I never once got the impression that they want to use their disability as an excuse to get a refund. All i saw was the OP explaining their own behaviour (why she may have removed the tags or why she didnt phone them and emailed them instead).

As someone with 2 kids with Autism, you should know yourself it affects people in different ways and to varying degrees. I can see why you may be annoyed if you thought they were using autism as an excuse. But I cant see why your post would be so devoid of empathy.

While I agree going for a walk outside with the bag on was a bit too extreme, I dont think removing the tags is. And as tomwakefield already pointed out, the right to cancel and refund is unconditional. They must provide a refund within 30 days of the customer informing them of their intent to cancel, whether they receive the goods or not. It is then up to them to claim for breach of duty of care.

However if the goods are in brand new condition, i severely doubt they would be successful in claiming for such a breach. Whether it is fair or not is irrelevant. This is a consumer rights board and the above IS the rights of the consumer.

meer53

unholyangel wrote: »

Bit harsh tbh. I never once got the impression that they want to use their disability as an excuse to get a refund. All i saw was the OP explaining their own behaviour (why she may have removed the tags or why she didnt phone them and emailed them instead).

As someone with 2 kids with Autism, you should know yourself it affects people in different ways and to varying degrees. I can see why you may be annoyed if you thought they were using autism as an excuse. But I cant see why your post would be so devoid of empathy.

While I agree going for a walk outside with the bag on was a bit too extreme, I dont think removing the tags is. And as tomwakefield already pointed out, the right to cancel and refund is unconditional. They must provide a refund within 30 days of the customer informing them of their intent to cancel, whether they receive the goods or not. It is then up to them to claim for breach of duty of care.

However if the goods are in brand new condition, i severely doubt they would be successful in claiming for such a breach. Whether it is fair or not is irrelevant. This is a consumer rights board and the above IS the rights of the consumer.

The OP has categorically stated that because they are Autistic they stand to lose a substantial amount of money. I don't think so. They are going to lose the money because they cut the tags off the bag and used it before deciding they didn't want it anymore.

unholyangel

meer53 wrote: »

The OP has categorically stated that because they are Autistic they stand to lose a substantial amount of money. I don't think so. They are going to lose the money because they cut the tags off the bag and used it before deciding they didn't want it anymore.

The OP hasnt stated that she should be given a refund because of her autism. < that is the point i was referring to.

Saying I did xyz because I'm autistic is completely different from saying I deserve special treatment because I'm autistic. She has said she removed the tags because of her autism. Personally i think that is irrelevant as the tags are not part of the product themselves.

As stated several times throughout the post, the OP has the unconditional right to cancel by law. No terms and conditions of ANY contract can remove or limit your statutory rights.

Flyboy152

bobajob_1966 wrote: »

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.

From what I understand the buyer is allowed to try the product out and I am sure that includes using it for a short walk to town.

Flyboy152

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.

That would be their own post-DSR return terms. Their terms cannot supersede the DSRs.

Flyboy152

bobajob_1966 wrote: »

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.

Here is some guidance some people might find useful:

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.

One test goods by trying them out.

Flyboy152

NCISROCKS wrote: »

You have used it and removed the tags which is against their terms and conditions.

Their terms and conditions are largely irrelevant, when it comes to consumers' statutory rights.

SOGA doesn't enter the equation.

Yes, you are correct, it is The Consumer Protection (Distance Selling) Regulations 2000 that is most relevant here.

Flyboy152

arcon5 wrote: »

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

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:



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.

Sorry Arcon, I have to pick up on this aspect of your otherwise excellent post. According to the legislation, there is no requirement to return the product "as new." In fact, the guidelines themselves suggest that "trying out," is a perfectly acceptable way to examine the goods before accepting them.

The OP's "disability" is relevant in the terms of the reasons why he made his purchasing decisions and to pre-empt the usual "banter" about how and why he does things. You've been around this site long enough to know the sorts of criticisms anyone who is after advice gets on here.

bris

Flyboy152 wrote: »

Here is some guidance some people might find useful:

One test goods by trying them out.

Well next time your in a shop selling rucksacks, put it on and try walking out with it on, to test it with a small walk into town, see how far you get.