DSR - opening packaging

mo786uk

I know how much we love a debate on this on here.

What are your thoughts about opening packaging which is the clear plastic stuff which you have to cut with scissors - if you do so do you think the item can be returned under DSR?

bris

Yes, unless it's a hygeine seal that will spoil with the seal opened, i,e a product that by it's nature can not be returned.

Even if it is returnable doesn't mean the store will let you return it, not everybody complies with the DSR to the letter so if their T&C's state no then you know your going to have trouble so avoid it.

WTFH

Possibly.
Is the store based in the UK/Europe or further afield?
Is it a product which cannot be returned (hygeine reasons)?

I'd also question something like computer software, where you need a licence key which is found within the packaging, but I don't know on that one.
I.e. something where you can return the physical product, but still use it because it is now licenced to you.

bod1467

I don't understand the poll question. What does udner mean?

ThumbRemote

bris wrote: »

Yes, unless it's a hygeine seal that will spoil with the seal opened, i,e a product that by it's nature can not be returned.

WTFH wrote: »

Is it a product which cannot be returned (hygeine reasons)?

There is no specific exception for hygiene reasons in the DSRs.

WTFH

According to Which? http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

The goods you can't return

There are some goods you can't return if you simply change your mind, including:

• CDs, DVDs or software if you've broken the seal on the wrapping
• perishable and other items that deteriorate rapidly such as food and flowers
• tailor-made or personalised goods
• underwear and earrings

WTFH

ThumbRemote wrote: »

There is no specific exception for hygiene reasons in the DSRs.

You are correct, but the business can require that the hygeine seals are not broken as part of the examination, that falls under the consumer's duty of care.


As for what cannot be cancelled:
Exceptions to the right to cancel

13. (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;

(b)for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;

(c)for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

(d)for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

(e)for the supply of newspapers, periodicals or magazines; or

(f)for gaming, betting or lottery services.

ThumbRemote

WTFH wrote: »

You are correct, but the business can require that the hygeine seals are not broken as part of the examination, that falls under the consumer's duty of care.

Yes, I agree with that. I don't think Which are correct though about not returning underwear and earrings.

bod1467

ThumbRemote wrote: »

Yes, I agree with that. I don't think Which are correct though about not returning underwear and earrings.

They aren't. That discussion has been done to death here several times.