What are my rights in this situation?

Flyboy152

bobajob_1966 wrote: »

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

What has that question got to do with the OP's issues with Simply Hike?

Flyboy152

bris wrote: »

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.

The OP didn't purchase the rucksack from a store, he purchased it on-line. There is a whole amount of difference between the two.

bris

Flyboy152 wrote: »

The OP didn't purchase the rucksack from a store, he purchased it on-line. There is a whole amount of difference between the two.

You don't get my comment, so I will explain it to you.
Under DSR you get the right to inspect the goods in your home the same way you would in a shop.
You don't get to put the rucksack on in a shop and then go wandering about town do you.
Neither do you get to cut the tags off in a shop. The op has failed to take reasonable care of the goods.

Flyboy152

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 ?

Then that is the prerogative of the buyer. The DSR guidelines allow for the goods' use, in order to examine them.

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 ?

There is no need to provide an explanation as to why it is unsuitable, the mere fact that the consumer has decided that it is so, is enough.

The sellers terms cannot supersede the law.

Flyboy152

bris wrote: »

You don't get my comment, so I will explain it to you.
Under DSR you get the right to inspect the goods in your home the same way you would in a shop.
You don't get to put the rucksack on in a shop and then go wandering about town do you.
Neither do you get to cut the tags off in a shop. The op has failed to take reasonable care of the goods.

Really? Where in the legisaltion does it say that?

The guidlines allow for the consumer to try the goods out:

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

Flyboy152

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.

Are you absolutely sure about that?

Car dealers allow customers to drive cars, of far greater value than a rucksack, before buying them.

Flyboy152

somethingcorporate wrote: »

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!

But the OP has told us he rejected the item by e-mail, within the seven days. I don't think speculating on the wording of the e-mail is very productive in this case. We have to assume it was categorical.

Flyboy152

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.

That is odd, because Flyboy12 would buy things on impulse and assume the very same as the OP. I guess by that he and the OP have a different form of ASD to your children, because all ASD people are the same, aren't they? :wall:

unholyangel

bris wrote: »

You don't get my comment, so I will explain it to you.
Under DSR you get the right to inspect the goods in your home the same way you would in a shop.
You don't get to put the rucksack on in a shop and then go wandering about town do you.
Neither do you get to cut the tags off in a shop. The op has failed to take reasonable care of the goods.

I've only had a quick scan through so i may have missed it but the only thing relating to the goods and the customers use of them is this:

(2) The consumer shall be treated as having been under a duty throughout the period prior to cancellation—

(a)to retain possession of the goods, and

(b)to take reasonable care of them.

DSR's dont state they have to be unused or can only be inspected as they would in the shops.

bris

Really? Where in the legisaltion does it say that?



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.