Littlewoods and DSR

wealdroam

podwin wrote: »

Here's a list from the dti:

<snip>

The clause "goods that by reason of their nature cannot be returned" is quite ambiguous and open to interpretation.

Although you haven't provided a link, you appear to be quoting from The OFT's [URL="A guide for businesses on
distance selling"]A guide for businesses on distance selling[/URL].

On the next page of that guide you will see:

I sell items that may raise health and safety concerns if returned unsealed. How are such products treated under the DSRs?
3.41 The first question to consider is whether such items fall under the exceptions listed at paragraph 3.38, for example goods that by reason of their nature cannot be returned. The DSRs do not define this category any further but we consider this exception to apply only where returning the goods is a physical impossibility or where they cannot be restored in the same physical state as they were supplied. This exception may apply, for example, to items such as latex or nylon clothing which could become distorted once worn.
3.42 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.

Thus the consumer can cancel orders with apparent hygiene concerns and the seller's can if they wish take action against the consumer if they, the seller, believe the consumer has not taken good care of the goods.

Dovah_diva

wealdroam wrote: »

Thus the consumer can cancel orders with apparent hygiene concerns and the seller's can if they wish take action against the consumer if they, the seller, believe the consumer has not taken good care of the goods.

You are right, Littlewoods did make a point of saying that if they had been opened they'd be returned back to me.

podwin

ah ha.

This aspect is probably why Littlewoods have not handled this particular return as well as usual.