VERY.co.uk - help returning DVDS

tomwakefield

Very.co.uk_company_representative wrote: »

Hi George,

We can confirm we have provided the information in regards to our returns policy which is from our terms and conditions.

We have also advised Noodlespink2 to email us to discuss the return with us.

We hope this helps

Many Thanks

Nicola

Very.co.uk Company Representative

However, your returns policy is not the only piece of relevant information. You have not informed the OP about his rights to return under the distance selling regulations i.e. deception by omission.

tomjonesrules

Very.co.uk_company_representative wrote: »

Hi George,

We can confirm we have provided the information in regards to our returns policy which is from our terms and conditions.

We have also advised Noodlespink2 to email us to discuss the return with us.

We hope this helps

Many Thanks

Nicola

Very.co.uk Company Representative

You appear to be suggesting that your returns policy is unlawful?

Very.co.uk_company_representative

Hi,

In regards to Distance Selling regulations there are exceptions to this rule such as:
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.


Whilst we are not accusing any of our customers of unsealing the products we do have a specialist Returns Compliance department who deal specifically in this matter which is why we have asked the OP to email us with their account details so we can thoroughly investigate it. Without any further details we can only go by what is said on this thread, therefore only post general information as per our returns terms and conditions.

Also if our suppliers have sent out unsealed products we would like to be able to investigate with them as to why they have been sent out in the first place.

Hope this helps

Chris

Very Network Team

visidigi

Very.co.uk_company_representative wrote: »

Hi,

In regards to Distance Selling regulations there are exceptions to this rule such as:

(d)for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

Yes and if you read the original postings you will find this was shipped to the consumer unsealed.

Therefore you cannot use DSR's against the consumer as a refusal as you didn't provide a sealed product.

dan_l

visidigi wrote: »

Yes and if you read the original postings you will find this was shipped to the consumer unsealed.

Therefore you cannot use DSR's against the consumer as a refusal as you didn't provide a sealed product.

Is it as black and white as this? Ie is it just a simple case of the customer saying the product wasn't sealed and automatically that exclusion on the DSRs is disregarded?

It seems a bit silly even having that exclusion if that is the case. I'm not suggesting the OP has done this but whats to stop people ordering whatever DVD/CDs they want, opening them and then copying them and sending them back saying they weren't sealed?

noodlespink2

Just to update you, they collected the DVDs yesterday so have to wait and see if they will refund now or we will be liable for a return delivery charge of £3.95 plus still stuck with the DVDs

Thanks for everyones help

visidigi

dan_l wrote: »

Is it as black and white as this? Ie is it just a simple case of the customer saying the product wasn't sealed and automatically that exclusion on the DSRs is disregarded?

It seems a bit silly even having that exclusion if that is the case. I'm not suggesting the OP has done this but whats to stop people ordering whatever DVD/CDs they want, opening them and then copying them and sending them back saying they weren't sealed?

Sorry why should a retailer be sending out an unsealed product which would have been sealed when manufactured?

Why should the consumer be provided with a product which they cannot return due to the retailer potentially able to sell handled goods as new?

Of course these rules are distance rules for a reason - and there should be no reason for a product to be sent to a consumer, sold as new which isn't sealed - therefore it really is as black and white as that...

dan_l

visidigi wrote: »

Sorry why should a retailer be sending out an unsealed product which would have been sealed when manufactured?

Why should the consumer be provided with a product which they cannot return due to the retailer potentially able to sell handled goods as new?

Of course these rules are distance rules for a reason - and there should be no reason for a product to be sent to a consumer, sold as new which isn't sealed - therefore it really is as black and white as that...

I think you have completely missed the point in what I am saying. If we are to go off your logic, then anybody can order any DVDs they want, copy them and then send them back stating "they weren't sealed" (even if they were) and expect a refund.

I'm not saying your wrong, it just doesn't sound realistic.

tomjonesrules

noodlespink2 wrote: »

Just to update you, they collected the DVDs yesterday so have to wait and see if they will refund now or we will be liable for a return delivery charge of £3.95 plus still stuck with the DVDs

Thanks for everyones help

I get the feeling they'll refund you in this instance. Please let us know either way.

visidigi wrote: »

Sorry why should a retailer be sending out an unsealed product which would have been sealed when manufactured?

Why should the consumer be provided with a product which they cannot return due to the retailer potentially able to sell handled goods as new?

Of course these rules are distance rules for a reason - and there should be no reason for a product to be sent to a consumer, sold as new which isn't sealed - therefore it really is as black and white as that...

I had two box sets for Christmas, albeit not from Very. Neither was sealed (I know because I have not touched them yet). Perhaps they are not all sealed at the point of manufacture?

visidigi

dan_l wrote: »

I think you have completely missed the point in what I am saying. If we are to go off your logic, then anybody can order any DVDs they want, copy them and then send them back stating "they weren't sealed" (even if they were) and expect a refund.

I'm not saying your wrong, it just doesn't sound realistic.

I'm not missing the point, what I'm saying is that no retailer should sell a product which is not sealed - if they don't then people like the OP are not put in the position they are and the logic and the law works as its designed.

If the retailer sells the product unsealed then this is an unfair restriction on a distance sold product -as by default the buyer loses the right to refuse the product.

All products should be sealed - otherwise it can be questioned if the product is even new.