DSR on new Rebounder

Sparkle1259

Have read as much as I can about DSR and still not sure if it applies:

Ordered over the phone and paid by Mastercard for a folding rebounder, from a big-name health & fitness guru's site, received last Thursday.


Opened box, removed from it's carry case and unfolded (a certain amount of clicking legs into place and opening it against the spring action etc)


Stepped on it (in trainers) to see how it felt - way too stiff!


Measured diameter of mat as had specifically emailed to ask the size and been told 30" - it's 26"!


Re-folded and re-packaged item, emailed refund request yesterday.


No response so telephoned today to be told that as I have opened the box and 'used' it, I cannot return it - Health and Safety, they can't sell it as new...etc


I was referred to Terms and Conditions on website, none with order confirmation email or invoice/delivery note.


I argued reasonably that it wasn't really in the spirit of the particular site to have an effectively 'no refunds' policy and not bring it to my attention, especially as I had asked a question about the product.


Do I have a case under the DSR to return the rebounder to them, and should they pay to have it back or would that be down to me?


Any help gratefully received as I'd like the £70 towards a softer bounce model from elsewhere. Thank you

halibut2209

From what you've said, DSRs certainly seem to apply. Please name the company so we can check out the website

Sparkle1259

It's Juicemaster.com and it's the 40" folding 'ProBounce' model

Thanks

neilmcl

I had to check first to see what a "rebounder" was, they called them mini trampolines in my day.

Anyway, DSR's most certainly should apply.

halibut2209

http://www.juicemaster.com/returns-policy

Looks like they need a refresher course on their legal obligation

They are trying to get you to return under their own unwanted items policy. You need to make it clear to them that you are returning under your legal rights (DSRs), and such rights take priority over their own terms

Sparkle1259

Thanks people, I will word an email to them then and hope that the weasel words Distance Selling Regulations and MoneySavingExpert put them in their place sufficiently to prompt a civil arrangement!

And is it correct that my unpacking and 'testing' of the equipment doesn't negate the terms? I haven't inadvertently lost my right to cancel because by stepping onto it I am deemed to have used it and thereby accepted it?

neilmcl

You're fully entitled to open and evaluate the product you purchased. The right to cancel under the DSRs is unconditional. Google "distance selling regulations pdf" for the OFTs own guidance to businesses, everything you need to know is in there.

Sparkle1259

Many Thanks to you both for taking the time and trouble to put me straight! I did take a look at the DSR details but got bogged down because I couldn't see anything referring to trying the product.

I will let you know how it goes with them - I don't want to generate bad feeling but on the other hand I don't see why I should take the expensive rap for the situation either :j but I'd like to get back bouncing, just a bit softer on the joints (I should have stuck with Trimilin, the brand I know, instead of hoping that the cheaper option would be just as good)!


Ciao

halibut2209

Be polite, but firm. I would put this down to simple ignorance on their part.

wealdroam

Sparkle1259 wrote: »

I did take a look at the DSR details but got bogged down because I couldn't see anything referring to trying the product.

On page 28 of the OFT's guide to the DSRs we are told...

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.

halibut2209

I've spoken to the owner and told him about this thread and the DSRs. He thanked me for the information. Hopefully it will get sorted now