Consumer Rights vs Vendor T & C’s

Butter_Crunch

In answer to the comments above. Some vape products are sealed, not ‘because they have to be’, but, because the manufacturer chose to cellophane wrap them. As a customer, I trust the shop selling me the product. As long as it ‘looks OK’, you just accept it. I never use tanks straight out the box anyway. They’re always given a rinse in hot water before use. All I’m trying to reiterate is, there isn’t a common ground regards whether or not a vape product should be sealed or not.

I’m being made to feel like a liar, in that, they don’t believe me when I say the tank is brand new, unused with all original packaging. They’ve not even said, pop back to one of our shops & we’ll assess the item. It’s a point blank no. Security seals can be bought for a couple of quid for a sheet. The box can easily be re-sealed using a security sticker. As a customer, I’d be none the wiser, if I got this through the post or bought it in a shop.

Having spoke to another shop that I buy things from, they said they would’ve given me a refund. They do it all the time if the item looks new & unused etc etc.  Some vape shops even sell customer returns. They’re not sealed. Despite a shops T & C’s, I think returns need to assessed on a case by case basis. This shop is just using the hygiene rule as their loophole to get out of refunding me due to the manufacturer, not the shop, cellophane wrapping the box. 

JamoLew

Butter_Crunch said:

In answer to the comments above. Some vape products are sealed, not ‘because they have to be’, but, because the manufacturer chose to cellophane wrap them. As a customer, I trust the shop selling me the product. As long as it ‘looks OK’, you just accept it. I never use tanks straight out the box anyway. They’re always given a rinse in hot water before use. All I’m trying to reiterate is, there isn’t a common ground regards whether or not a vape product should be sealed or not.

I’m being made to feel like a liar, in that, they don’t believe me when I say the tank is brand new, unused with all original packaging. They’ve not even said, pop back to one of our shops & we’ll assess the item. It’s a point blank no. Security seals can be bought for a couple of quid for a sheet. The box can easily be re-sealed using a security sticker. As a customer, I’d be none the wiser, if I got this through the post or bought it in a shop.

Having spoke to another shop that I buy things from, they said they would’ve given me a refund. They do it all the time if the item looks new & unused etc etc.  Some vape shops even sell customer returns. They’re not sealed. Despite a shops T & C’s, I think returns need to assessed on a case by case basis. This shop is just using the hygiene rule as their loophole to get out of refunding me due to the manufacturer, not the shop, cellophane wrapping the box. 

I totally get your point of view and sentiment - BUT if you subsequently found out that you had purchased a previously opened return, would you still be of the same view ??

I think with regards to returns, companies are damned if they do and damned if they don't (no matter what the product, plenty of threads on here about returned electronics for example)

Butter_Crunch

JamoLew said:

I totally get your point of view and sentiment - BUT if you subsequently found out that you had purchased a previously opened return, would you still be of the same view ??
I think with regards to returns, companies are damned if they do and damned if they don't (no matter what the product, plenty of threads on here about returned electronics for example)

As a customer you put your trust in the supplier. Unless it was detectable, you wouldn’t be any the wiser. If I spotted something that wasn’t right, I would take it up with the supplier. If this shop accepted the return & put a small security sticker on the box opening, as a customer, I wouldn’t think anything was amiss. Only if I could see my box next to other boxes that were cellophane wrapped would I see something wasn’t right. It would be down to the suppliers integrity on how they sold customer returns on. If they knowingly sold something as brand new, at full price, that would be a tad shady. I’m not suggesting the supplier takes the item back & then sells it as brand new at full price. This item is pristine. If the cellophane was removed completely, I doubt anybody would be able to tell the difference between this & another one which had the cellophane removed.

davidmcn

unholyangel said:

I'd suggest that a vape tank (or at least the drip tip part of it, which is removable) is akin to a mug or water bottle. Yet those aren't sealed, so don't appear to be a hygiene concern. 

But I'm not aware of any requirement that the item was sealed in order for it to be non-returnable for hygiene reasons.

Butter_Crunch

davidmcn said:

But I'm not aware of any requirement that the item was sealed in order for it to be non-returnable for hygiene reasons.

This is why I came on here & why I was asking, if a suppliers T & C’s overrides the regulations. The regulations don’t seem to be clear on hygiene. Common sense should kick in anyway. Would somebody return a used cosmetic back & expect a refund. I hope not 😃. A supplier could just put, we don’t do refunds unless faulty. Could I still return something under the distance selling regs? No reputable supplier should sell a customer return as brand new anyway. The only difference between my item & a brand new item, is the top part of the cellophane is missing where I’ve opened it. It was whilst opening it, I’ve realised straight away it was the wrong tank.  

Manxman_in_exile

Butter_Crunch said:

... Would somebody return a used cosmetic back & expect a refund. I hope not 😃. ...

I don't need to look at your post count to realise you are new here then!

Butter_Crunch

Manxman_in_exile said:

I don't need to look at your post count to realise you are new here then!

Sorry. Yes. 

unholyangel

davidmcn said:

unholyangel said:

I'd suggest that a vape tank (or at least the drip tip part of it, which is removable) is akin to a mug or water bottle. Yet those aren't sealed, so don't appear to be a hygiene concern. 

But I'm not aware of any requirement that the item was sealed in order for it to be non-returnable for hygiene reasons.

You mean other than the consumer contracts regulations which give you the right to cancel distance contracts for 14 days minimum and only make an exception to the rule IF the goods are sealed for hygiene reasons and they become unsealed after delivery?

davidmcn

unholyangel said:

davidmcn said:

unholyangel said:

I'd suggest that a vape tank (or at least the drip tip part of it, which is removable) is akin to a mug or water bottle. Yet those aren't sealed, so don't appear to be a hygiene concern. 

But I'm not aware of any requirement that the item was sealed in order for it to be non-returnable for hygiene reasons.

You mean other than the consumer contracts regulations which give you the right to cancel distance contracts for 14 days minimum and only make an exception to the rule IF the goods are sealed for hygiene reasons and they become unsealed after delivery?

Yes, I was entirely correct to say I was unaware of the sealing being a requirement

Manxman_in_exile

davidmcn said:

unholyangel said:

I'd suggest that a vape tank (or at least the drip tip part of it, which is removable) is akin to a mug or water bottle. Yet those aren't sealed, so don't appear to be a hygiene concern. 

But I'm not aware of any requirement that the item was sealed in order for it to be non-returnable for hygiene reasons.

Hasn't that come up before?  Doesn't s 28 (3) (a) of the CCR say that the goods must be sealed?  https://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

Although on my reading the goods do not need(?) to be sealed because of health or hygiene reasons, they just need to be sealed.

And what is "sealed"?  A strip of sellotape, a couple of staples?

EDIT:  Sorry - cross posted