No refund until returned items are re-packaged

Blueskiesdz

I purchased expensive aquarium lights, controller and accessories online. When they arrived I opened the boxes and cut the plastic bags to fit them but then realised the light reflected from the tank's water surface and illuminated the room quite badly ! I repackaged them the next day and returned them two days after receiving them.

The seller has said that he will give me a refund but only after all packaging has been purchased from the manufacturer to make them new again and I will have to pay these costs.

Can he do this ?

marliepanda

I'm assuming the lights simply did not work for you, rather than being faulty?

If so, then it's a change of mind return and yes he can.

naedanger

Blueskiesdz wrote: »

I purchased expensive aquarium lights, controller and accessories online. When they arrived I opened the boxes and cut the plastic bags to fit them but then realised the light reflected from the tank's water surface and illuminated the room quite badly ! I repackaged them the next day and returned them two days after receiving them.

The seller has said that he will give me a refund but only after all packaging has been purchased from the manufacturer to make them new again and I will have to pay these costs.

Can he do this ?

Assuming you bought the goods as a consumer from a UK retailer, and that the items were not faulty, then it depends on whether your actions went beyond what was necessary to establish the nature, characteristics and functioning of the goods.

If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

The above is from paragraph 34 (9) of the following regulations:

http://www.legislation.gov.uk/uksi/2013/3134/made

Given what the retailer has said then it seems they view your actions did go beyond what was necessary to establish the nature, characteristics and functioning of the goods. If you dispute this point you should take the matter up with them.