VERY.co.uk - help returning DVDS

noodlespink2

We ordered the 35 films for 35 years 'Clint Eastwood' box set from very.co.uk
It arrived xmas eve but didnt have the protective packaging on it. We called them within 2 hours of me signing for them and they wouldnt accept them back. We paid £64 for them for my dads xmas present but didnt realise my mum had already got him the box set which they had already started watching.
Very refused to take it back, even though the plastic packaging had been removed and not by us.
Do i have any rights at all?

mountainofdebt

No you don't.

You may have had a stronger case to plead to their good nature if it had been shrink wrapped but I suspect that there is a warning on the dvd pages of very.co.uk that state that unless faulty dvds aren't returnable.

The fact that it wasn't shrink wrapped is neither here nor there -after all how do you prove that it wasn't shrink wrapped?

Tbh it sounds as if you would have been happy to accept them had your mum not got the box set (why don't people communicate when buying these sort of things???) but are clutching at minisule straws becuase it would be convenient now to get a refund

Very.co.uk_company_representative

Hi Noodlespink2,

Unfortunately as the packaging has been removed from the item is it now exempt from our returns policy.

We will replace or refund most items provided they are returned complete, unused and in the original packaging, with any appropriate security tags intact, within 21 days of receipt.

We hope this information helps

Many Thanks

Nicola

Very.co.uk Company Representative

tomjonesrules

Very.co.uk_company_representative wrote: »

Hi Noodlespink2,

Unfortunately as the packaging has been removed from the item is it now exempt from our returns policy.

We will replace or refund most items provided they are returned complete, unused and in the original packaging, with any appropriate security tags intact, within 21 days of receipt.

We hope this information helps

Many Thanks

Nicola

Very.co.uk Company Representative

You appear to have missed the fact that the items were not shrink wrapped in the first place. You have also failed to address the OP's rights under the Distance Selling Regulations.

visidigi

tomjonesrules wrote: »

You appear to have missed the fact that the items were not shrink wrapped in the first place. You have also failed to address the OP's rights under the Distance Selling Regulations.

Indeed....also...selling unsealed products from a website would be suspicious - if anything it could be a tactic employed to avoid any returns on these types of products.

Its enough to make you want to buy elsewhere...

halibut2209

DSR definitely apply, and you are still within 7 working days of receipt. A very poor post from a very poor company*

*pun intended

noodlespink2

Hi
Can someone explain the DSR to me please before its to late as they arrived xmas eve.
They werent very helpful on the phone either considering im a new customer they did nothing to try and keep me.
So annoyed, i only knew they should be shrink wrapped as i had seen them in HMW but they were double the price
Many Thanks

halibut2209

First thing is that you need to email them stating you wish to return them under the distance selling regulations. All you have to do within seven working days starting the day AFTER receipt is inform them of this. You do NOT need to send them back within seven days. After you have informed them, they have thirty days to refund you. Send them back as soon as you can.

They MUST refund the full amount including any postage costs you paid for them to send it to you. They MAY also be liable for the return costs which depends on their terms and conditions.

wealdroam

As Halibut says.

Just to add that as the goods arrived with you on Christmas Eve, you have until Friday 6 January to get that DSR cancellation notice in.

tomwakefield

DSR section 13
Exceptions to the right to cancel

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;
(b)for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;
(c)for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
(d)for the supply of audio or video recordings or computer software if they are unsealed by the consumer;
(e)for the supply of newspapers, periodicals or magazines; or
(f)for gaming, betting or lottery services.

The sticking point is whether they accept it was sent unsealed, and so was not unsealed by the customer. I'm not sure where the burden of proof would lie in this case.

WelshSun

Box sets are never sealed when I have bought them before from Amazon and hmv online. Just to add my 2 cents.