Refund denied for a returned tent as deemed 'used' by removing it from box

nedlammas

hi
We recently bought a tent online, as a replacement for a tent that we have had for 8 years and is showing wear. We bought the new tent from the same manufacturer, but inadvertently ordered a model that is not a replacement for what we have (it's smaller & less substantial). We took the tent out of it's packaging and erected it for a few minutes on a bone-dry lawn. We want to return the tent for a refund, but the manufacturer is relying on a term in it's T&Cs that says :"Items must be unused, unopened and in original packaging". We have returned it in it's original condition in the original packaging, but they are still saying that they will not accept the return, as it is 'used' and they are unable to restock the item as 'new'

I do not believe that this approach is consistent with Consumer legislation, and have tried to return the item to them (which they are not happy about). I'm not sure if they will accept the delivery when it arrives.
If they don't provide a refund, I am assuming that we will need to approach firstly the credit card provider that we used for the purchase, and if that fails we will have to take the case to the small claims court (value was around £400).

Any advice welcome.
  

macman

But it's clearly opened and used as defined by the t and c's. What consumer legislation are you relying on?
Look at this the other way around. Would you be happy if they had sold you a tent, described as new, and at full price, that had the packaging opened and had been assembled? They also have no way of knowing if it's been used: for all they know you used it for a week's holiday and then returned it. So they cannot honestly resell it as new.
I doubt that S75 or chargeback would be successful here, but you have nothing to lose by trying.

maisie_cat

I have returned many tents over the years, I used to camp alone and always needed to ensure I could erect them alone. I always put a tent up inside, in the living room, or if forced to do so outside on a brand new tarp.
Having said that, the extent to which you can handle a purchase is the same as in a physical shop, if you would have been allowed to remove a tent from the packaging and erect it in the shop you have a case here. 

Norman_Castle

If when you received this tent there were signs it had been opened and pitched would you have considered it new and unused?

the_lunatic_is_in_my_head

OP assuming you aren't returning under the retailer's own policy but are exercising your right to cancel, this right is not linked to the condition of the goods, the retailer can not refuse your right to cancel, they can reduce the refund for diminished value but only if they provide the correct information which if they state the right to cancel is dependant on the condition of the goods they have not done and must refund in full.

Do you have a link to the site you purchased from please? 

powerful_Rogue

They are sadly incorrect. You are entitiled to cancel the contract. However the company is also entitiled to make a deduction, upto 100% of the value if the use you have had has diminshed the tents value.

Usually its said reasonable inspection is what you could do in a shop. I doubt if I went to Argos they would allow me to open and build a tent on the shop floor before buying/walking away.

nedlammas

hi. Thanks for the comments, but the returned tent showed no signs that it had been erected or used. There are no marks on it or any signs whatsoever that it has been used. If I was to be a subsequent customer receiving that tent, I would be entirely happy that it was new & unused.
There is a section in their T&Cs called 'Refund Policy' which states this: "To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging." ..... which is different to what it says under the 'Returns Policy'.

powerful_Rogue

nedlammas said:

hi. Thanks for the comments, but the returned tent showed no signs that it had been erected or used. There are no marks on it or any signs whatsoever that it has been used. If I was to be a subsequent customer receiving that tent, I would be entirely happy that it was new & unused.
There is a section in their T&Cs called 'Refund Policy' which states this: "To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging." ..... which is different to what it says under the 'Returns Policy'.

If that's the case, why are they saying it has been opened and used?

nedlammas

Links to website:

Website 
khyam.co.uk/

Refund policy
khyam.co.uk/policies/refund-policy

Returns & cancellation policy
khyam.co.uk/pages/returns-cancellations-t-cs



Thanks 

nedlammas

Ref:

nedlammas said:

hi. Thanks for the comments, but the returned tent showed no signs that it had been erected or used. There are no marks on it or any signs whatsoever that it has been used. If I was to be a subsequent customer receiving that tent, I would be entirely happy that it was new & unused.
There is a section in their T&Cs called 'Refund Policy' which states this: "To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging." ..... which is different to what it says under the 'Returns Policy'.

If that's the case, why are they saying it has been opened and used?


In their definition 'used' means that I opened the packaging that it came in

Alderbank

powerful_Rogue said:

nedlammas said:

hi. Thanks for the comments, but the returned tent showed no signs that it had been erected or used. There are no marks on it or any signs whatsoever that it has been used. If I was to be a subsequent customer receiving that tent, I would be entirely happy that it was new & unused.
There is a section in their T&Cs called 'Refund Policy' which states this: "To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging." ..... which is different to what it says under the 'Returns Policy'.

If that's the case, why are they saying it has been opened and used?

I wondered that. Have they actually seen it yet?

...they are still saying that they will not accept the return...I have tried to return the item to them (which they are not happy about). I'm not sure if they will accept the delivery when it arrives.