MSE Blog: I read the T&Cs and was pleasantly surprised

Former_MSE_Helen

Hi all, this is a thread to discuss the MSE blog:
I read the T&Cs and was pleasantly surprised


"I’m in the market for a new laptop. Due to its 60-minute delivery slot and £5 for next day weekend delivery, The Co-operative Electrical caught my eye..."


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browneyedbazzi

I'm not sure you read the cancellation and returns section carefully enough as you mention the benefit of having 14 days (rather than the statutory 7 days) being that you'll have more time to test the laptop...their policy clearly says that items can be returned within 14 days provided that they are in unused condition.

If you open the package, turn the laptop on and 'test' it, it isn't in unused condition any more.

halibut2209

Shame that a MSE mod still doesn't understand what the DSRs are

From the article

"Items must be returned in an unused condition with the original packaging, along with the receipt or other valid proof of purchase."

This is against the DSRs. They don't have to be unused at all.

Thomas_Hardy

Under the Distance Selling Regulations, if you want to return an item that’s not faulty, you’ll usually be asked to pay for return delivery, unless the seller doesn’t say this in its T&Cs.

I would disagree that it is usual to be asked to pay for return delivery. Whilst they certainly can state this, my experience of larger retailers is that they do not - John Lewis, Debenhams, M&S and so on all offer free returns.

MamaMoo_2

Oh dear.
Should probably have read up on the DSR's before announcing yourself "pleasantly surprised".
I'd most definitely be surprised, albeit unpleasantly, that a retailer as big as Co-Op electricals have illegal T&C's.
Whilst an extra 7 days for unused returns is nice, it's most definitely not part of the DSR's as they say, as DSR's only specify reasonable care must be taken of the item. You are, however, allowed to unpackage and test the product.
It may be worth notifying the Co-Op of their illegal T&C's.

If you are not completely satisfied with your purchase you may return it under the Consumer Protection (Distance Selling) Regulations 2000, within 14 days of delivery for an exchange or refund.
However the following points must be observed:

Items must be returned in an unused condition with the original packaging, along with the receipt or other valid proof of purchase.

As opposed to the OFT, who specify

The purpose of the DSRs is to allow customers 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 customers return the goods as new or in their original packaging. You may ask customers to take care when they open the package or return goods with the original packaging, but you cannot insist on this.
The DSRs do not provide for goods to be returned in a fit state for resale.

wealdroam

MamaMoo wrote: »

Whilst an extra 7 days for unused returns is nice, it's most definitely not part of the DSR's...

Isn't it?

From the OFT's guide...

Can I offer a longer cancellation period under my own contract terms?
3.24 Yes. If you do, you need only inform consumers about the longer period you are offering.

halibut2209

Just because the DSRs say you can offer something extra (not "must"), I wouldn't class that as "part of the DSRs"

mattyprice4004

DSRs give you the same testing rights as if you bought it from a shop - go to Overclockers or Scan and you won't be able to try it before you buy.

MamaMoo_2

wealdroam wrote: »

Isn't it?

From the OFT's guide...

To me it isn't, as if it was part of the DSRs then the stipulation for it being unused wouldn't hold up.
However, if they're offering 7 extra days returns for unused products, then that's not DSRs, that's their own returns policy seperate from DSRs.
Really, they need to clarify what they mean, as potentially they could extend their returns period with regards to DSRs, but this needs to be made clearer as their policy seems very confused. Either they're offering 14 days under DSRs, in which case their stipulations about condition and packaging are irrelevant, or they're offering an extra 7 days returns on unopened items on top of DSRs...

halibut2209

mattyprice4004 wrote: »

DSRs give you the same testing rights as if you bought it from a shop - go to Overclockers or Scan and you won't be able to try it before you buy.

Poppycock. It's clear what the DSRs give you. And it doesn't mention "same testing rights" at all.

oldagetraveller

How much, I wonder, did MSE receive from Co-op Electricals for publishing this "blog"?
It comes across as an advertisement to me.