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Incorrect item but have removed shrinkwrap

I recently purchased dual-layer 240min DVDs from an Amazon seller, which was paid for through the Amazon checkout system. I received the item today, removed the shrink-wrap, went to start a burn and discovered that I've actually received single-layer 120min DVDs. I have contacted the seller and informed him of his error but I am unsure as to my rights considering I have effectively opened the product. Nothing has been burned to the discs.

Am I still eligible for a replacement for the correct product?
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Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    What was the seller's response?
  • Aeneid85
    Aeneid85 Posts: 15 Forumite
    I haven't received a response as of yet but I wanted to be clear as to my rights. I have had trouble with sellers on Amazon before and would like to be fully informed just in case.
  • tomwakefield
    tomwakefield Posts: 8,036 Forumite
    Could be tricky. Is it clear on the outside that the discs are single-layer, or was it only upon attempting a burn did the error become apparent?
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  • It could indeed be tricky, especially if it was obvious from the packaging.

    The seller could refuse the return (and they would be in the right if they did).
    Thinking critically since 1996....
  • The seller could refuse the return (and they would be in the right if they did).

    Surely the Distance selling regulations would apply, therefore removing the shrinkwrap shouldn't have any bearing on being able to return the DVD's.

    Even if the packet had been opened, it was not as advertised so a return under your SOGA rights would also be allowed.
  • Unless you act in a way that is inconsistent with you wanting to send the item back (like opening it). (SOGA)

    Although under DSRs they should be ok to go back.
    Thinking critically since 1996....
  • geo555
    geo555 Posts: 787 Forumite
    Is your dvd drive capable of burning dual layers? It should have a "dl" printed somewhere on the front. Also have you selected the correct setting on your burning software. You should select DVD9 for dual layer.
    (".)
  • Aeneid85
    Aeneid85 Posts: 15 Forumite
    edited 15 August 2012 at 4:30PM
    geo555 wrote: »
    Is your dvd drive capable of burning dual layers? It should have a "dl" printed somewhere on the front. Also have you selected the correct setting on your burning software. You should select DVD9 for dual layer.

    TBH I don't understand you post as to whether or not my DVD driver can burn dual-layers as that is not the issue here. I placed an order and have received the wrong product. What I am asking, is if I can send the item back for a replacement even though I have removed the shrink-wrap.
  • Guardsman
    Guardsman Posts: 991 Forumite
    They sent the wrong item it's not what you ordered the problem is theirs not yours.

    Amazon

    How can I return something bought from a third-party seller?
    Items purchased from Amazon.co.uk Marketplace sellers need to be returned directly to the seller and not to Amazon.co.uk. If you receive an item that is different to what was described, or that is clearly in worse condition than indicated, please contact your seller to report the defect or damage within 14 days of receiving the order.

    Does Amazon.co.uk offer any guarantee on items bought from third-party sellers?
    We want you to buy with confidence any time you purchase products on the Amazon.co.uk website. That is why we guarantee purchases from third-party sellers when payment is made via the Amazon.co.uk website. The condition of the item you buy and its timely delivery are guaranteed under Amazon's A-to-z Safe Buying Guarantee.
    I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.
  • Aeneid85
    Aeneid85 Posts: 15 Forumite
    Update: the company has now sent out the correct item and have not asked for me to return the incorrect item. Result!
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