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

RHemmings

the_lunatic_is_in_my_head wrote: »

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

See section 3.58 of the advice from the OFT.

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

The DSRsallow 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.

(my emphasis). The way that Trading Standards explained this to me is as in my post above, that whether you can remove packaging to inspect the product depends on whether or not this is necessary to inspect the goods as you would in a shop.

If you have further evidence that Trading Standards are wrong in this, could you please explain further and provide references.

RHemmings

RFW wrote: »

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.

I thought that misleading consumers as to their legal rights was an offence under the consumer protection from unfair trading regulations.

the_lunatic_is_in_my_head

RHemmings wrote: »

See section 3.58 of the advice from the OFT.

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



(my emphasis). The way that Trading Standards explained this to me is as in my post above, that whether you can remove packaging to inspect the product depends on whether or not this is necessary to inspect the goods as you would in a shop.

If you have further evidence that Trading Standards are wrong in this, could you please explain further and provide references.

That is interpretation, what applies is only what is written here:

http://www.legislation.gov.uk/uksi/2000/2334/made

If you pop in Currys they won't let you open up the blister pack on 20 different cables to look at them, you can't go in toy shop and remove the cellophane to open sealed boxes.

Shopping online you can do just that and the OFT's interpretation later specifically mentions the right to a refund is not linked to the ability to resell the product and whilst it may be requested, it can not be a condition that goods are returned unopened or with their packaging and so contracts itself.

The consumer is entitled to an unconditional refund (unless the product is exempt as detailed in clause 13) without deduction (unless permitted under clause 14, paragraph 5) regardless of what happens.

Should the retailer then feel the consumer has not taken due care they may have a claim against them for a breach of their statutory duty. Should this happen the retailer may invoice the customer appropriately but ultimately if the customer refuses to pay the decision will come down to a judge's interpretation of the legislation which may or may not vary to what the OFT has interpreted.

George_Michael

mwddrwg wrote: »

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....

I wouldn't say that their feedback is that good.
http://www.ebay.co.uk/itm/10-ANDROID-GOOGLE-PLAY-4-0-PC-TABLET-WiFi-APAD-10-2-TOUCHSCREEN-/221197590909

Wouldn't something such as this be a better buy at £40 cheaper with a two year guarantee and from a good retailer?
http://www.johnlewis.com/samsung-galaxy-note-10-1-tablet-samsung-exynos-android-10-1-wi-fi-16gb-white/p231714902

likelyfran

mwddrwg wrote: »

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?

I've seen that 'clause' used before by an online retailer (not a small one but not on Ebay, I'm trying to remember who it was).
Struck me as weird then because obviously you have to use things, sometimes, to find that they're unsatisfactory/faulty.

techspec

likelyfran wrote: »

I've seen that 'clause' used before by an online retailer (not a small one but not on Ebay, I'm trying to remember who it was).
Struck me as weird then because obviously you have to use things, sometimes, to find that they're unsatisfactory/faulty.

I trhink its weird people expect to be able to use things and then return them.

But thats the 'owt for nowt' society we live in.

the_lunatic_is_in_my_head

techspec wrote: »

I trhink its weird people expect to be able to use things and then return them.

But thats the 'owt for nowt' society we live in.

I like that I can buy 2 or 3 and return the ones that aren't suitable, if I couldn't I'd probably spend a lot less online so the idea is this encourages people to buy and so all online retailers benefit.

As a retailer I wouldn't "use" something, or more accurately return something I know they could resell as new, but most people just don't care about such things, no different to idiots who change their mind and dump a tray of meat in the biscuit isle at the supermarket.