Can An Epilator be returned under LDS rules?

moaninggit

Emceehamster wrote: »

I am surprised at the rudeness of some people on here.

This was a query, nothing more. I did not get all huffy at the prospect of them not taking it back, merely asked opinion, as I know that some exceptions set out by companies are in fact in contravention of the law.

I would expect that if it WAS returned, Littlewoods would themselves return it to the manufacturer, who would then clean and sterilize the blades.

There was no way to test the item without plucking "pits,legs and pubes" (thanks, Tinkerbell 28), so what if I had not been happy with the actual plucking action? Would that be cause for a refund, or just a credit note?

"Why is it always someone else's fault?" says Tiddlywinks - a needlessly catty comment.

thank you tomwakefield and frugal_mike for actually trying to help and not getting all squeamish and assuming I expected the thing to be resold as is.

You are just a grade A knob or at least i hope so

OlliesDad

tinkerbell28 wrote: »

Last time I checked. I don't think a store would let you pluck your pits,legs and pubes out in store. For hygiene obviously.

So this would exempt it surely? She's used it, not just examined it.

Can you point to the part of DSR that excludes it?

mjm3346

From an old leaflet but probably still applies

We are conscious of concerns about reselling items which may raise

concerns about hygiene. However, the DSRs do not link cancellation

rights with a supplier’s ability to resell items as new.

3.43
With items that fall outside the exceptions, cancellation rights will

apply, but the consumer has a duty under the DSRs to take

reasonable care of the goods throughout the cancellation period.

3.44
What constitutes reasonable care depends on a number of things. It

may be reasonable for the supplier to stipulate what they consider to

be reasonable care, such as not removing hygiene seals on garments

or only trying out shoes indoors. But these stipulations cannot restrict

a consumer’s reasonable opportunity to inspect and assess the

product. Consumers have the right to cancel even if they fail to take

reasonable care of the goods; however the DSRs do give suppliers a

right of action against consumers for breach of the statutory duty to

take reasonable care

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

Emceehamster

Dogger69 wrote: »

Would you be happy to buy a 'used but sterilised' epilator?

This really isn't the point.

The manufacturer would have to make a decision, and I would not expect to ever know what that was.

All I ever wanted to know was if epilators were exempt from the DSRs.

I am, for whatever reason, not happy with a product that was bought from a catalogue, and wanted to know my rights.

Dogger69

Emceehamster wrote: »

This really isn't the point.

The manufacturer would have to make a decision, and I would not expect to ever know what that was.

All I ever wanted to know was if epilators were exempt from the DSRs.

I am, for whatever reason, not happy with a product that was bought from a catalogue, and wanted to know my rights.

It is the point - you are expecting the retailer to write off a product that is far from cheap, simply because it is a bit noisy, as you would expect an epilator to be!

You have every right to sue Littlewoods if they refuse the return. If you do, it is quite possible they will counter sue, and I would expect them to be successful for the reason that your use of the product falls outside the scope of the DSRs.

tomwakefield

Dogger69 wrote: »

It is the point - you are expecting the retailer to write off a product that is far from cheap, simply because it is a bit noisy, as you would expect an epilator to be!

You have every right to sue Littlewoods if they refuse the return. If you do, it is quite possible they will counter sue, and I would expect them to be successful for the reason that your use of the product falls outside the scope of the DSRs.

From a strictly legal viewpoint, I don't agree. Nowhere in the DSRs does it state what the purchaser may or may not do. All there is is a very vague "duty of care".

Lifeforms

What brand was it? If it's Philips they usually offer a 90 day return thing on them, but honestly it's used, it's not unsuitable, it's not faulty, you just don't want it because it's noisy for your baby, so littlewoods seems fair to say no.

Tiddlywinks

Emceehamster wrote: »

This really isn't the point.

The manufacturer would have to make a decision, and I would not expect to ever know what that was.

All I ever wanted to know was if epilators were exempt from the DSRs.

I am, for whatever reason, not happy with a product that was bought from a catalogue, and wanted to know my rights.

If you want accurate legal advice... go buy it!

mattyprice4004

DSRs are there to give you the same experience as if you bought it in a shop. If you started doing your pubes in Currys I wouldn't be impressed.

Secondly, who would want to buy an epilator that's been used on your downstairs? Who knows what they could catch.

timbstoke

To sum up:

- There is no exception to the DSRs for hygiene products
- Option one is for you to sue Littlewoods to enforce your statutory rights. You would probably win. They could then sue you for the cost of the epilator because you failed in your duty of care. They would also probably win.
- Option two is to accept their refusal and use the epilator when baby is out/older/sleeping, or just let him get used to it.
- In practical terms, the only difference between the two options is that in the first option, you stand to lose both the epilator and the money; in the second you still have what you paid for.