Do DSRs apply if you open/assemble the goods?

neilmcl

arcon5 wrote: »

Without knowing how it fixes together you can't really make a blanket statement that assembling goods is not considered a breach. If for example the legs fitter with dowels and glue I think you'd struggle to return the item.

Again, the right to cancel is unconditional, so legally, breach of statutory duty or not, the OP would be entitled to return it and expect a full refund.

arcon5

neilmcl wrote: »

Again, the right to cancel is unconditional, so legally, breach of statutory duty or not, the OP would be entitled to return it and expect a full refund.

Which the company are unlikely to do. Which leads me back to the point I was making, if op did take them to court to recover the money if the company fought her on it, they would simply file a counter-claim for the breach of statutory duty.

In theory you are right, in reality it isn't so straight forward.

bris

I sell self-assembly products. Can I say that if a consumer
cancels the contract for the provision of such goods then

they should be returned unassembled?

3.65 No. If disassembly is not possible, because for example, doing so
will damage the item, then it can be returned or collected as it is.
Consumers are under a duty to take reasonable care of the goods
while in their possession. If you consider that by assembling the
product the consumer has not taken reasonable care of it, then
you may have a claim against the consumer for breach of their
statutory duty.

3.66 You may also advise consumers what you consider to be reasonable
care, but you need to be careful that any restrictions you place on
consumers are not so stringent that they are prevented from properly

examining the goods. See paragraph 3.44.

You wouldn't struggle to return the item, the retailer has no choice but to accept it back if they are to follow the DSR rules.
Of course the retailer can sue if they believe there has been a breach, but they wouldn't have much chance of winning if there is no damage when the item is returned. The judge would look at the rules, they clearly state you can return them assembled, they may even give the customer brownie points for not risking damaging it by trying to take it apart.
Remeber the DSR also state that they don't care whether the retailer can sell the goods as brand new or not.
the regulations are very biased against the retailer, there is no denying that.

arcon5

It doesn't matter what the DSRs state, most retailers won't refund you if you have damaged goods or not take care of them. In the same way if you don't return goods to the retailer you are unlikely to get a refund. Its all well and good knowing your rights and obligations as a buyer/seller, but in practice it's not always that simple.

You may refund the customer irrespective of condition, i'm betting your the small portion of retailers willing to do so.

In court the customer would be awarded the refund under DSRs then this would be offset by the damages/counter-claim by the retailer (assuming sufficient proof of the claims being made).

So it's again down to how the legs fit on, it's worth op finding out about the construction to see if they will be able to easily attach/detach the legs without causing damage and ensuring they meet their duty of care.