Returning an opened product?

TheMightyBoosh

Hi, just wanted some advice really.

I bought a Clarisonic (impulse purchase!) from feelunique. I charged it up and used it once and felt that the performance of the product wasn't adequate.

Anyway, I've just read the feelunique return policy and it states:

"Items can only be returned if they are unopened, unused and in a re-saleable condition with all tamper resistant seals, packaging and any cellophane intact and unopened."

Haven't contacted them as of yet as I thought I'd get some advice here first, would this not be returnable under the distant selling regulations or have I really just thrown £180 down the drain?

Thanks in advance.

wealdroam

Did you buy online?
When did you buy it?
When was it delivered?

TheMightyBoosh

Yes I bought it online from feelunique.com, ordered on the 11th July and delivered on the 13th.

shaun_from_Africa

Feelunique are based in, and ship their goods from Jersey (which is not a full member of the EU) so the Distance selling regulations may not apply to the sale.

If this is the case then you won't have a legal right to return the goods unless they are faulty.

Zandoni

Whatever the legal position it's always worth letting them know how unhappy you are with their product, you never know they may still give you a refund.

TheMightyBoosh

Thanks, I'll email them and see what they say.

InsideInsurance

TheMightyBoosh wrote: »

I charged it up and used it once and felt that the performance of the product wasn't adequate.

The DSR is supposed to allow you the opportunity to review the items before being committed to the sale in the same way as you can in a shop.

Even if DSR did apply you could argue about opening the box but you cannot claim you'd have been able to use the item in the store.

Obviously outside of the DSR there is the Sales of Goods Act and if you want to argue the item is not fit for purpose or was not as described then this comes under SoGA (which I dont know how its impacted by being from Jersey)

DevCoder

Please see this link relating to our version of SOGA here in Jersery

http://www.jerseylaw.je/law/display.aspx?url=lawsinforce/htm/LawFiles/2009/L-14-2009.htm

Our DSR is covered by Section 64 (I believe)

Acceptance
(1) The buyer shall be taken to have accepted the goods –
(a) when the buyer intimates to the seller that the buyer has accepted them; or
(b) when the goods have been delivered to the buyer and the buyer does in relation to them any act inconsistent with the ownership of the seller.
(2) However, if goods are delivered to the buyer, and the buyer has not previously examined them, he or she shall not be taken to have accepted them under paragraph (1) until he or she has had a reasonable opportunity of examining them for the purpose –
(a) in every case, of ascertaining whether they are in conformity with the contract; and
(b) in the case of a contract of sale by sample, of comparing the bulk with the sample.

derrick

shaun_from_Africa wrote: »

Feelunique are based in, and ship their goods from Jersey (which is not a full member of the EU) so the Distance selling regulations may not apply to the sale.

If this is the case then you won't have a legal right to return the goods unless they are faulty.

Jersey have their own DSR and are very similar, if not the same, as ours.

So inform them now that you wish to cancel under DSR, sending by email is acceptable.


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