Table ordered is rickety - can I get a refund as my dad has binned the packaging?

corky2

Hi everyone

I ordered a mobile table for my dad. I've just popped round to check it and it is:
- rickety
- slopes forward
- not very sturdy so he can't use it to write on and that was the whole purpose of getting it

Unfortunately, he binned the box before I could get round. I ordered it on the internet. Have a blown my chance of getting a refund? It's going in the bin otherwise.

Auntie-Dolly

No, you are allowed to cancel a purchase within 7 days of receipt under the DSR's. The supplier cannot insist on the item being return in its original packaging.

bod1467

Note: the above assumes you ordered the table online, by mail order or over the telephone. (i.e. at a distance). If you ordered in a store then the above response does not apply.

Whilst your OP suggests the DSRs apply, it isn't clear.

unholyangel

bod1467 wrote: »

Note: the above assumes you ordered the table online, by mail order or over the telephone. (i.e. at a distance). If you ordered in a store then the above response does not apply.

Perhaps no assumption necessary given the OP states:

corky2 wrote: »

Unfortunately, he binned the box before I could get round. I ordered it on the internet. Have a blown my chance of getting a refund? It's going in the bin otherwise.

;)

bod1467

DOH! Serves me right for skim-reading.

InsideInsurance

Auntie-Dolly wrote: »

No, you are allowed to cancel a purchase within 7 days of receipt under the DSR's. The supplier cannot insist on the item being return in its original packaging.

Under the DSR the supplier can insist on the original packaging however the OP doesnt need to deal with it under the DSR as the item is faulty and so SoGA is more applicable under which the packaging is irrelevant.

unholyangel

InsideInsurance wrote: »

Under the DSR the supplier can insist on the original packaging however the OP doesnt need to deal with it under the DSR as the item is faulty and so SoGA is more applicable under which the packaging is irrelevant.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

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

corky2

InsideInsurance wrote: »

Under the DSR the supplier can insist on the original packaging however the OP doesnt need to deal with it under the DSR as the item is faulty and so SoGA is more applicable under which the packaging is irrelevant.

Phew thanks - I'll report back if successful

wealdroam

InsideInsurance wrote: »

Under the DSR the supplier can insist on the original packaging however the OP doesnt need to deal with it under the DSR as the item is faulty and so SoGA is more applicable under which the packaging is irrelevant.

With respect, you are assuming the item is faulty.

Could it be that the item simply isn't of the quality expected?

We don't know how much was paid, but maybe the OP was just expecting something better.

Just the situation the DSRs were designed for.

agrinnall

Good advice above as long as it is still within 7 working days from delivery of the table. If it's later than that then you can't cancel under DSR, but it sounds like you'd have a case under SOGA anyway.

unholyangel

agrinnall wrote: »

Good advice above as long as it is still within 7 working days from delivery of the table. If it's later than that then you can't cancel under DSR, but it sounds like you'd have a case under SOGA anyway.

you only have 7 working days starting the day after delivery if they informed you that you have that right to cancel. If not, that period can extend up to 3 months and 7 working days