Surely these selling conditions are against DSR....?

mwddrwg

Watching an ebay item at the moment (buy it now) and the seller states the following at the end of the ad:

Returns and Warranty information.

---

first and foremost please contact us to confirm the address you will need to send the item to,
according to and under conditions with the law, you may return the item within 14 days
, it must be never have been used including removal of any packaging/screen protectors
and in original packaging when returned to us/

any items that are not complete including any packaging after being examined by us,
will be returned to you the buyer, we may also (as our right) choose to charge you return postage fees

all items returned to us are done at the original buyers risk and should be insured accordingly
against damage/loss before sending such item.

The bit in red worries me as surely you need to switch on the tablet to see if it's up to scratch before you're willing to keep it, given you've not had a chance to try it before you get it!?

What do you think?

giantmutantbroccoli

The customer must have been able to inspect the goods, which would include removing it from the packaging and turning it on.
From here: http://dshub.tradingstandards.gov.uk/dsrexplained

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.
You should think carefully about your packaging and how easy it is to open and put back together so that the integrity of the product can be maintained to enable resale.

The sellers terms are unreasonable. I wouldn't recommend buying from them!

mwddrwg

Thanks for your reply.

Thought as much - have sent them a question - will update on the reply (if i get one lol)

RHemmings

giantmutantbroccoli wrote: »

The customer must have been able to inspect the goods, which would include removing it from the packaging and turning it on.
From here: http://dshub.tradingstandards.gov.uk/dsrexplained

I had a discussion with trading standards about this some time ago in response to a shop that claimed that they wouldn't accept microphones being returned. One of the key phrases is that people buying through distance selling must have the ability to inspect goods as they would in a shop. Music shops allow people to try out microphones, hence shops should not disallow returns of microphones that have been used. Even if that means that they can no longer be sold as new

However, is someone was buying a packet of biscuits, then shops typically do not allow people to remove the packaging and inspect the biscuits. Therefore the DSRs don't allow people who have bought biscuits through distance selling the right to remove the packaging and inspect the biscuits before returning.

The sellers terms are unreasonable. I wouldn't recommend buying from them!

Same here. I wouldn't touch the seller with a bargepole unless the nature of the product excused them. Though, I can't think which product would excuse those terms in my eyes. (Even if they are legal, which I don't know, I don't like them).

mwddrwg

RHemmings wrote: »

I had a discussion with trading standards about this some time ago in response to a shop that claimed that they wouldn't accept microphones being returned. One of the key phrases is that people buying through distance selling must have the ability to inspect goods as they would in a shop. Music shops allow people to try out microphones, hence shops should not disallow returns of microphones that have been used. Even if that means that they can no longer be sold as new

However, is someone was buying a packet of biscuits, then shops typically do not allow people to remove the packaging and inspect the biscuits. Therefore the DSRs don't allow people who have bought biscuits through distance selling the right to remove the packaging and inspect the biscuits before returning.



Same here. I wouldn't touch the seller with a bargepole unless the nature of the product excused them. Though, I can't think which product would excuse those terms in my eyes. (Even if they are legal, which I don't know, I don't like them).

Thanks for your reply. The item is an Android tablet so I would've thought that it would have been Ok to switch it on to check whether the screen resolution was up to scratch for what I wanted. There is a crappy Youtube video attached to the listing showing the tab working but it's very dark and unclear so hardly counts as 'inspection of item'. Will be interesting to get their reply to my question.

RHemmings

mwddrwg wrote: »

Thanks for your reply. The item is an Android tablet so I would've thought that it would have been Ok to switch it on to check whether the screen resolution was up to scratch for what I wanted. There is a crappy Youtube video attached to the listing showing the tab working but it's very dark and unclear so hardly counts as 'inspection of item'. Will be interesting to get their reply to my question.

Fully agreed. If I go into Currys or a computer shop, there will often be a range out tablets out for people to try. Hence, I'd consider it reasonable that a distance buyer would be able to turn the tablet on and give it a trial run.

campdave

You will be covered by ebay if you want to return it. However, why you would choose to buy the item from this seller who is obviously going to make it as difficult as possible to return the item should you need to isn't clear. Are the really the only seller of this particular tablet?

the_lunatic_is_in_my_head

RHemmings wrote: »

One of the key phrases is that people buying through distance selling must have the ability to inspect goods as they would in a shop.

That isn't part of the legislation and what would happen in a shop is irreverent to the consumer's right to cancel.

mwddrwg

campdave wrote: »

You will be covered by ebay if you want to return it. However, why you would choose to buy the item from this seller who is obviously going to make it as difficult as possible to return the item should you need to isn't clear. Are the really the only seller of this particular tablet?

For the price it looks good and they have good feedback but again, feedback is all private with no items titles or item numbers. Another bad sign....

RFW

Unfortunately retailers small and large include in their terms and conditions statements that are outside the law. It often only becomes an offense if they act on it.
So many sellers still have "I will not be held responsible for items lost in post", sorry mate, you will.
From the info I received the new search will suppress sellers with such conditions, whether this will actually work is another matter. I guess we'll find out in January (or whenever it finally gets rolled out).

forgotmyname

mwddrwg wrote: »

Thanks for your reply. The item is an Android tablet so I would've thought that it would have been Ok to switch it on to check whether the screen resolution was up to scratch for what I wanted. There is a crappy Youtube video attached to the listing showing the tab working but it's very dark and unclear so hardly counts as 'inspection of item'. Will be interesting to get their reply to my question.

But the tablet your buying is not the one on yourtube is it? Because it's already been taken out of the box and used for display purposes.
So you would want a big discount on that as its not brand new.

Its been used and seen by how many people? Check the figures on the clip and ask for a discount