Sent the wrong item

Flyboy152

George_Michael wrote: »

I thought that the basis of the DSR's was to give consumers the same chance to inspect and test goods as they would do if they made the purchase in a shop.

I can't think of any retailer who would allow a customer to open a pack of DVD's and try 3 of them in their computer.

The consumer is allowed to test the items sent. If that means using three of the discs to ensure the batch works, then that is what it takes. Do you believe the seller would have accepted the refund request, if only one disc was used?

The use of the discs and the rejection of the goods are two different issues.

George_Michael

I've had a look at that link and it doesn't say anything about not using blank computer discs (or anything else).

But the SOGA does, and it is very specific about how acceptance is determined.

35.-(1)

The buyer is deemed to have accepted the goods

when he intimates to the seller that he has accepted them, or
(except where section 34 above otherwise provides) when the
goods have been delivered to him and he does any act in relation

to them which is inconsistent with the ownership of the seller,

Flyboy152

George_Michael wrote: »

But the SOGA does, and it is very specific about how acceptance is determined.

[/LEFT]

But we are discussing his rights under the Distance Selling Regulations, not The Sales of Goods Act.

George_Michael

Flyboy152 wrote: »

The consumer is allowed to test the items sent. If that means using three of the discs to ensure the batch works,

Do you know of any shop that would allow a customer to open a pack of DVD's and use 3 of them in their computer in order to test them?

According to the OFT,

The DSRs allow consumers to examine goods they have ordered as they would in a shop.

Flyboy152

George_Michael wrote: »

But the SOGA does, and it is very specific about how acceptance is determined.

35.-(1)

The buyer is deemed to have accepted the goods

when he intimates to the seller that he has accepted them, or
(except where section 34 above otherwise provides) when the
goods have been delivered to him and he does any act in relation

to them which is inconsistent with the ownership of the seller

[/LEFT]

But then:

34 Buyer’s right of examining the goods.

• F33. . .
• Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract [F34and, in the case of a contract for sale by sample, of comparing the bulk with the sample.].

Flyboy152

George_Michael wrote: »

Do you know of any shop that would allow a customer to open a pack of DVD's and use 3 of them in their computer in order to test them?

According to the OFT,

Have you read the OFT's guidance notes on the DSRs?

ETA:

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.

George_Michael

Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract

And personally I think that simply looking at the label and packaging of the DVD's would be a reasonable way of making sure that they are in "conformity with the contract", and not opening the packet and trying 3 of them on a computer.

Why did you "forget" to highlight the relevant sentence in post 37?

The DSRs allow consumers to examine goods they have ordered as they would
in a shop.

"as they would in a shop".
Do you know of any shops that would allow you to open a sealed pack of DVD's and try 3 on your computer?

Flyboy152

George_Michael wrote: »

And personally I think that simply looking at the label and packaging of the DVD's would be a reasonable way of making sure that they are in "conformity with the contract", and not opening the packet and trying 3 of them on a computer.

Why did you "forget" to highlight the relevant sentence in post 37?

The DSRs allow consumers to examine goods they have ordered as they would
in a shop.

"as they would in a shop".
Do you know of any shops that would allow you to open a sealed pack of DVD's and try 3 on your computer?

Why did you ignore:

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.?

George_Michael

I didn't ignore anything.
The second bit of that paragraph, (the bit you keep posting), clearly gives the right of testing and inspection of the goods only to the same degree as in a shop.

As usual, you "forgot" to answer a direct question.
Do you know of any shops that would allow you to open a sealed pack of DVD's and try 3 on your computer?
A simple yes or no, and the name of 1 shop shouldn't be too hard.

Flyboy152

George_Michael wrote: »

I didn't ignore anything.
The second bit of that paragraph, (the bit you keep posting), clearly gives the right of testing and inspection of the goods only to the same degree as in a shop.

As usual, you "forgot" to answer a direct question.
Do you know of any shops that would allow you to open a sealed pack of DVD's and try 3 on your computer?
A simple yes or no, and the name of 1 shop shouldn't be too hard.

Whetehr a shop would or not is neither here nor there. The DSRs allows the consumer to do so.

This argument has been done to death, on several threads on this forum and the same conclusions have been reached. The buyer's rights to a refund are a separate issue to the condition of the goods.