MyGeekBox/"Blind" box consumer rights regarding returns

cono1717

As an interesting point - couldn't (maybe they do I don't know) a company say that what you are paying for is the subscription to their website and the monthly boxes are a reward for the subscription? Would this wipe out any consumer rights in terms of delivery of goods?

fleshandbone

What is the value you want in return for sending the item back?

unholyangel

cono1717 wrote: »

As an interesting point - couldn't (maybe they do I don't know) a company say that what you are paying for is the subscription to their website and the monthly boxes are a reward for the subscription? Would this wipe out any consumer rights in terms of delivery of goods?

Not sure why you'd think it being a subscription would wipe out any consumer rights.

Not sure why the company would say that either when its plain its for the box (why would anyone pay for a subscription to a websites who's only purpose is to sell the boxes?) and according to their own T&C's, you have cancellation rights under the CCRs.

cono1717

I'm not saying it does I'm wondering weather it would? If I company explicitly wrote in the T&C's that you are subscribing to the website and not the box would that supersede any right in relation to the items within the box?

unholyangel

cono1717 wrote: »

I'm not saying it does I'm wondering weather it would? If I company explicitly wrote in the T&C's that you are subscribing to the website and not the box would that supersede any right in relation to the items within the box?

Any term which could potentially deprive or restrict a consumers statutory rights would likely be unfair and thus unenforceable. If they allowed retailers to escape their liabilities purely by adding a few terms, it would make consumer protection legislation pointless.

Its also covered by the interpretation section of CCRs. You either have a sales contract or a service contract. If any tangible goods are to be provided under the contract (even where provided with a service), its to be treated as a sales contract. If there are no goods, then its a service contract.

ETA:

“goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for sale in a limited volume or a set quantity;


“sales contract” means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object;


“service contract” means a contract, other than a sales contract, under which a trader supplies or agrees to supply a service to a consumer and the consumer pays or agrees to pay the price.