Query on Distance Selling

mad_rich

I've bought some low-energy LED spotlights online to replace my 50W Halogen lights. As recommended by the website, I chose 'cool white' as they were for a kitchen, but the effect is really stark. It's like being slapped in the face by a snowman every time I turn them on, and I'd like to swap them for 'warm white'.

The shop has a 30 day 'Hassle-free guarantee', and I would assume I'm covered by the Distance Selling Regulations. But according to their returns page, they will only accept non-faulty returns if they are unopened and unused.

Faulty products or incorrect items received can be returned under the terms of our returns policy

Unwanted items or orders placed in error can be returned to us for a credit, and will only be accepted provided the item has not been opened and the packaging is in as good as new condition.

[...]

If you no longer want your purchase and it remains unopened and unused, you can arrange to return it to us within 30 days of receipt for a refund. Please be aware that we will not refund your postage costs, as there is no error on our part.

Is this correct, or do the DSRs give me more rights than that? One can't inspect the goods without using them in this case.

marliepanda

When did you buy them? I think DSRs give you 7 days, the shop is giving you additional days (but with conditions which they can impose as they're giving you longer than DSRs)

arcon5

DSRs is 7 working days - you have a duty of care, but according to OFT opening the packaging doesn't constitute a breach of this so you should be fine.

After this time their policy is over and above the statutory requirements so they can impose special terms - they cannot though contract out these statutory rights.

marliepanda

arcon5 wrote: »

DSRs is 7 working days - you have a duty of care, but according to OFT opening the packaging doesn't constitute a breach of this so you should be fine.

After this time their policy is over and above the statutory requirements so they can impose special terms - they cannot though contract out these statutory rights.

Out of interest, it appears the op has opened and installed all of the lights (judging by them saying it's like being hit by a snowman 'everytime') would opening and installing more than one be considered a breach of duty of care?

bris

marliepanda wrote: »

Out of interest, it appears the op has opened and installed all of the lights (judging by them saying it's like being hit by a snowman 'everytime') would opening and installing more than one be considered a breach of duty of care?

Yes I believe it would, you have the same rights as you would in store to inspect the item, you cant exactly rip open the bulb and fit it in store to see if you like it or not.

The packaging isn't easy to put back together so these can't be resold as new, the DSR may say thats irrelevant but the retailer certainly wont.

mad_rich

Thanks for the replies.

I have indeed installed them all. However the packaging is blissfully simple, and I can return them in identical condition. No seals have been broken etc. I can understand the retailer's hesitance to accept a return on a product that may have been sullied by my grubby hands, but tough titties for them I suppose?

I am within the 7 days. (They were shipped on 30 Oct, for next day delivery, but didn't arrive until 1 Nov. That would give me until 12 Nov, I believe: 7 working days.)

wealdroam

mad_rich wrote: »

I am within the 7 days. (They were shipped on 30 Oct, for next day delivery, but didn't arrive until 1 Nov. That would give me until 12 Nov, I believe: 7 working days.)

Yes, you only have to cancel by 12 Nov though.

Send them an email cancelling the order, and then discuss with them the return.

You may well have to pay the return costs, but DSRs state they should refund all monies paid including the cost of delivery to you.

Hintza

What are you going to do when/if the "warm white" are too dull?

the_lunatic_is_in_my_head

bris wrote: »

Yes I believe it would, you have the same rights as you would in store to inspect the item

The comparison to how you may inspect goods in store is not part of the legislation and forms no relevance towards the consumer's duty of care (unless it went to court and that was the judge's opinion).

unholyangel

the_lunatic_is_in_my_head wrote: »

The comparison to how you may inspect goods in store is not part of the legislation and forms no relevance towards the consumer's duty of care (unless it went to court and that was the judge's opinion).

The company can specify what they feel is "reasonable care". But if it impedes the consumers ability to assess the product.....it wouldn't be allowed.

However, even the consumer breaching that duty of care does not remove their right to cancel. Legislation is being "clarified" shortly. Part of that is making it clear to retailers they cannot refuse a cancellation. But when the new legislation comes into effect, retailers will be able to deduct an amount from the refund to account for the diminished value - where at present they're supposed to chase consumers for the money but in reality, they just refuse to refund anything.

WTFH

mad_rich wrote: »

tough titties for them I suppose

Loving the attitude.