How do so many online retailers get away with not adhering to consumer rights regulations?

Questionerhere

Recently I bought a games console from thegamecollection company which I only used for about a minute to inspect the user interface. I asked them for an exchange within the 14 day cooling off period. They refused because I had opened the internal packages (which are unsealed) and turned the product on. Their policy states: "Consoles may be opened for the purpose of inspection (but not used)" - sorry I can't post links yet. I told them that their policy was misleading since it is not possible to inspect an item by only opening the external product box and not removing any internal packages. Their policy says nothing about not removing the item from internal plastic packages.

I spoke to the Consumer Helpline who have reported the matter to Trading Standards because they believe the returns policy is against the Consumer Contracts Regulations. According to them I should receive a refund. However they said that they may not receive a response from Trading Standards.

After a lot of email exchanges and moving of goal posts the company has offered to buy back the product as a 2nd hand item purchase at £59 less than the original price - as an act of goodwill and an exception to their normal practice. Although they sell 2nd hand items at only a few pounds less than the original price. They have given me 14 days to respond or they will cancel the offer. According to then their policy does not break the law. A return to them is not allowed if the console was turned on at all.

This has prompted me to research if other companies have similar policies which go against the regulations, and it seems like many do. E.g. ShopTo's policy states: "If you receive an order placed through our Electronics section and wish to return this back to us, the item must be unopened and not used and there will be a 10% restocking fee deducted from the cost of the item upon return".

I saw an article where the BBC Watchdog program investigated the legality of the returns policies of many of the biggest online companies. It found many to be breaking the regulations and even got them to chge their policies. You can find the article by searching for "BBC Watchdog - Online Shopping: Your Rights". 

That list consisted of some of the UK's biggest retailers. How on earth did they get away with it? Why don't Trading Standards just spend a few hours reading the policies of these companies and then ask them to change them if they are breaking the law?

What can an average consumer do about it? If we report it to Trading Standards, what is the likelihood of them going after these companies?

Questionerhere

Questionerhere said:

(which are unsealed) 

I mean they came with no seals.

elsien

As far as I understand it, your right is for a similar level of inspection as you would have if you bought in person in a shop. 

Did what you did go over and above that? 

Diamandis

They can reduce your refund if you've handled them more than you would be able to in a shop. I suppose it's up for debate what that constitutes in terms of a console. Did you have to sign in with your xbox account?

Ultimately if companies aren't doing what they need to then they are just opening themselves up to be taken to court. You could do this through the small claims course and see what the judge decides.

Questionerhere

elsien said:

As far as I understand it, your right is for a similar level of inspection as you would have if you bought in person in a shop. 

Did what you did go over and above that? 

Diamandis said:

They can reduce your refund if you've handled them more than you would be able to in a shop. I suppose it's up for debate what that constitutes in terms of a console. Did you have to sign in with your xbox account?

Ultimately if companies aren't doing what they need to then they are just opening themselves up to be taken to court. You could do this through the small claims course and see what the judge decides.

I did mention to them that they can deduct an amount for handling but they are not interested. But they offered £59 less than the original price as a purchase of a 2nd hand product and not as a refund. They only made the offer after I showed them the law. They still keep saying that they are not obligated to offer anything at all.  To me it's not the money itself that bothers me but the fact that they ignore the law. 

I didn't enter my account into the console because I don't have one. The Consumer Helpline said I didn't use it more than I would in a store. But I guess that's a matter of debate. I would accept an amount lower than the original price as a refund.

If I take this to court then I need to be sure that the judge sees it the way the Consumer Helpline does.

LaHostessAvecLaMostess

Questionerhere said:

Recently I bought a games console from thegamecollection company which I only used for about a minute to inspect the user interface. I asked them for an exchange within the 14 day cooling off period. They refused because I had opened the internal packages (which are unsealed) and turned the product on. Their policy states: "Consoles may be opened for the purpose of inspection (but not used)" - sorry I can't post links yet. I told them that their policy was misleading since it is not possible to inspect an item by only opening the external product box and not removing any internal packages. Their policy says nothing about not removing the item from internal plastic packages.

Opening the package is not using it, so why are they saying you used it?

I agree, that you generally don't get the option to take items out of their packages and turn them on in a store, but they didn't say you can't remove any of the internal packaging, they claim you used it. What are they basing that on?

Questionerhere

LaHostessAvecLaMostess said:

Questionerhere said:

Recently I bought a games console from thegamecollection company which I only used for about a minute to inspect the user interface. I asked them for an exchange within the 14 day cooling off period. They refused because I had opened the internal packages (which are unsealed) and turned the product on. Their policy states: "Consoles may be opened for the purpose of inspection (but not used)" - sorry I can't post links yet. I told them that their policy was misleading since it is not possible to inspect an item by only opening the external product box and not removing any internal packages. Their policy says nothing about not removing the item from internal plastic packages.

Opening the package is not using it, so why are they saying you used it?

I agree, that you generally don't get the option to take items out of their packages and turn them on in a store, but they didn't say you can't remove any of the internal packaging, they claim you used it. What are they basing that on?

I did turned it on and had a look at the user interface for less than a minute before putting it back in the box.

Bradden

What console was this? The latest models you can probably sell for the purchase cost as they are in short supply.

If you just wanted to see the UI could you not have googled this before buying?

LaHostessAvecLaMostess

Questionerhere said:

LaHostessAvecLaMostess said:

Questionerhere said:

Recently I bought a games console from thegamecollection company which I only used for about a minute to inspect the user interface. I asked them for an exchange within the 14 day cooling off period. They refused because I had opened the internal packages (which are unsealed) and turned the product on. Their policy states: "Consoles may be opened for the purpose of inspection (but not used)" - sorry I can't post links yet. I told them that their policy was misleading since it is not possible to inspect an item by only opening the external product box and not removing any internal packages. Their policy says nothing about not removing the item from internal plastic packages.

Opening the package is not using it, so why are they saying you used it?

I agree, that you generally don't get the option to take items out of their packages and turn them on in a store, but they didn't say you can't remove any of the internal packaging, they claim you used it. What are they basing that on?

I did turned it on and had a look at the user interface for less than a minute before putting it back in the box.

Then you did a bit more than just remove the internal packaging that you initially suggested, and I'd be very surprised that you could see the UI without signing up/in for an account.

I think they have you bang to rights here, unfortunately, and you may need to take it on the chin and resell it as Bradden says.

TELLIT01

If the item had been found to be faulty when switched on there would be grounds for return on that basis.  Switching it on to see if you like the user interface does not fall into that category.

user1977

Questionerhere said:

Why don't Trading Standards just spend a few hours reading the policies of these companies and then ask them to change them if they are breaking the law?

What can an average consumer do about it? If we report it to Trading Standards, what is the likelihood of them going after these companies?

Trading Standards has long been deemed a less-essential public service. They don't have enough resources to fight everybody's battles for them.