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

the_lunatic_is_in_my_head

As usual this comes down to the durable information supplied.

Their T&Cs correctly states 14 days beginning the day after receipt but the returns page says 14 days from receipt so it depends what timeframe the durable information states as to whether they've supplied the correct information.

Consoles are hardware so the limits don't apply and the regs state the retailer must inform the consumer of situations where they will lose the right to cancel, by incorrectly advising used consoles can't be returned I don't think they are complying with the requirements either.

Where the trader fails to provide the correct conditions, time limit and procedures regarding the right to cancel they aren't able to reduce the refund for diminished value.   

TELLIT01

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 can/will only act in cases where there are sufficient complaints to make the effort worthwhile. If a single individual has a problem TS may give the customr advice on how to proceed but are highly unlikely to take action directly. They certainly don't have to time to pro-actively read the T&C of every company advertising on the internet.  I

the_lunatic_is_in_my_head

TELLIT01 said:

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 can/will only act in cases where there are sufficient complaints to make the effort worthwhile. If a single individual has a problem TS may give the customr advice on how to proceed but are highly unlikely to take action directly. They certainly don't have to time to pro-actively read the T&C of every company advertising on the internet.  I

They could start with the big companies through. 

They know their obligations so once challenged they are likely to follow the requirements. They don’t seem to bother because no one is tackling the issue. 

born_again

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.

So what is the actual issue with the product?
Faulty, Change of mind?

JJ_Egan

Would you have been able to turn the item on in a shop ??

alidai

I’m sorry, you opened a console and turned it on but then now you want an exchange because you don’t like the user interface? 

What the hell!

Questionerhere

LaHostessAvecLaMostess said:

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.

It's a Switch special edition. In a few months I could probably sell it for more than I bought it just because it is a special edition one. I didn't get as far as creating an account.

Do they really have me bang to rights? Aren't they supposed to give me a partial refund at resell value, if I have used it more than I could have in store? In a small claims court how would they explain not offering at least that partial refund instead of purchasing it back to resell at a higher price?

Questionerhere

the_lunatic_is_in_my_head said:

As usual this comes down to the durable information supplied.

Their T&Cs correctly states 14 days beginning the day after receipt but the returns page says 14 days from receipt so it depends what timeframe the durable information states as to whether they've supplied the correct information.

Consoles are hardware so the limits don't apply and the regs state the retailer must inform the consumer of situations where they will lose the right to cancel, by incorrectly advising used consoles can't be returned I don't think they are complying with the requirements either.

Where the trader fails to provide the correct conditions, time limit and procedures regarding the right to cancel they aren't able to reduce the refund for diminished value.   

Thank you!

LaHostessAvecLaMostess

Questionerhere said:

LaHostessAvecLaMostess said:

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.

It's a Switch special edition. In a few months I could probably sell it for more than I bought it just because it is a special edition one. I didn't get as far as creating an account.

Do they really have me bang to rights? Aren't they supposed to give me a partial refund at resell value, if I have used it more than I could have in store? In a small claims court how would they explain not offering at least that partial refund instead of purchasing it back to resell at a higher price?

They have you bang to rights in the sense that your handling is in excess of what could reasonably be done in a shop, so claiming a full refund on the basis that you just removed the packaging isn't realistic.

Ergates

JJ_Egan said:

Would you have been able to turn the item on in a shop ??

Not the actual console itself, but they could well have had a demonstration model.