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

nedlammas

powerful_Rogue said:

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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.

No. It's due to be delivered to them tomorrow

powerful_Rogue

Looking at their website, no mention of allowing returns under the Consumer Rights Act. Did they email you anything after you purchased, or include anything with the purchase advising you could cancel the contract within 14 days of delivery?

nedlammas

Ref: Looking at their website, no mention of allowing returns under the Consumer Rights Act. Did they email you anything after you purchased, or include anything with the purchase advising you could cancel the contract within 14 days of delivery?

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There is this statement on the returns & cancellations part:

khyam.co.uk/pages/returns-cancellations-t-cs

Cancellation. You have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 within 14 days of receipt of the Products. However, we have extended that right to 30 days from receipt of the Products as outlined above - Items must be unused, unopened and in original packaging, unless taking part in the 30-Day Money Back Trial Pitch.

powerful_Rogue

nedlammas said:

Ref: Looking at their website, no mention of allowing returns under the Consumer Rights Act. Did they email you anything after you purchased, or include anything with the purchase advising you could cancel the contract within 14 days of delivery?

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There is this statement on the returns & cancellations part:

khyam.co.uk/pages/returns-cancellations-t-cs

Cancellation. You have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 within 14 days of receipt of the Products. However, we have extended that right to 30 days from receipt of the Products as outlined above - Items must be unused, unopened and in original packaging, unless taking part in the 30-Day Money Back Trial Pitch.

Yeah, that doesn't count. They can't restrict/limit your statutory rights.

nedlammas

powerful_Rogue said:

nedlammas said:

Ref: Looking at their website, no mention of allowing returns under the Consumer Rights Act. Did they email you anything after you purchased, or include anything with the purchase advising you could cancel the contract within 14 days of delivery?

-------------------------

There is this statement on the returns & cancellations part:

khyam.co.uk/pages/returns-cancellations-t-cs

Cancellation. You have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 within 14 days of receipt of the Products. However, we have extended that right to 30 days from receipt of the Products as outlined above - Items must be unused, unopened and in original packaging, unless taking part in the 30-Day Money Back Trial Pitch.

Yeah, that doesn't count. They can't restrict/limit your statutory rights.

So, do you think I am within my rights to return it for a refund, given that it has been removed from the packaging for inspection purposes only, and returned in it's original condition, and original packaging? If so, do you agree with my suggestion about next steps if they decline my request (ie first try credit card, then small claims) ?

Bradden

They do have a decent 30 days return policy.. it seems they are aware customers would like to erect tents - not sure why are refusing to take it back (assuming you followed their policy).

30-Day Money-Back Trial Pitch:

We give you 30 days to assemble your purchase as a trial, if the purchase doesn't meet your needs, the order can still be returned if you have met the criteria outlined on the page below 

https://khyam.co.uk/pages/30-day-money-back-guarantee

powerful_Rogue

nedlammas said:

powerful_Rogue said:

nedlammas said:

Ref: Looking at their website, no mention of allowing returns under the Consumer Rights Act. Did they email you anything after you purchased, or include anything with the purchase advising you could cancel the contract within 14 days of delivery?

-------------------------

There is this statement on the returns & cancellations part:

khyam.co.uk/pages/returns-cancellations-t-cs

Cancellation. You have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 within 14 days of receipt of the Products. However, we have extended that right to 30 days from receipt of the Products as outlined above - Items must be unused, unopened and in original packaging, unless taking part in the 30-Day Money Back Trial Pitch.

Yeah, that doesn't count. They can't restrict/limit your statutory rights.

So, do you think I am within my rights to return it for a refund, given that it has been removed from the packaging for inspection purposes only, and returned in it's original condition, and original packaging? If so, do you agree with my suggestion about next steps if they decline my request (ie first try credit card, then small claims) ?

Did they provide you information in a durable form about the 14 days to cancel the contract? IE, paperwork with the tent, attachment with the sales receipt etc...

nedlammas

Bradden said:

They do have a decent 30 days return policy.. it seems they are aware customers would like to erect tents - not sure why are refusing to take it back (assuming you followed their policy).

30-Day Money-Back Trial Pitch:

We give you 30 days to assemble your purchase as a trial, if the purchase doesn't meet your needs, the order can still be returned if you have met the criteria outlined on the page below 

khyam.co.uk/pages/30-day-money-back-guarantee

That is a different policy if you look at it - it allows you to really use the tent for 30 days (but you have to use their ground sheet if you want to return it) which we did not order. We cannot return using this policy, and we are not trying to.

nedlammas

powerful_Rogue said:

nedlammas said:

powerful_Rogue said:

nedlammas said:

Ref: Looking at their website, no mention of allowing returns under the Consumer Rights Act. Did they email you anything after you purchased, or include anything with the purchase advising you could cancel the contract within 14 days of delivery?

-------------------------

There is this statement on the returns & cancellations part:

khyam.co.uk/pages/returns-cancellations-t-cs

Cancellation. You have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 within 14 days of receipt of the Products. However, we have extended that right to 30 days from receipt of the Products as outlined above - Items must be unused, unopened and in original packaging, unless taking part in the 30-Day Money Back Trial Pitch.

Yeah, that doesn't count. They can't restrict/limit your statutory rights.

So, do you think I am within my rights to return it for a refund, given that it has been removed from the packaging for inspection purposes only, and returned in it's original condition, and original packaging? If so, do you agree with my suggestion about next steps if they decline my request (ie first try credit card, then small claims) ?

Did they provide you information in a durable form about the 14 days to cancel the contract? IE, paperwork with the tent, attachment with the sales receipt etc...

No.
The email receipt states this at the bottom (which refers to assembly instructions, rather than anything else).
There was no paperwork with the delivery.


Please note, we are a paperless business, so all our instructions are available online to view, please take the time to review these prior to delivery. If you have any questions, reply to this email or contact us at sales@khyam.co.uk

Norman_Castle

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.

I've bought a few new tents and can tell if they have been opened and pitched especially if pitched outside. The retailer will now have to sell it as a return presumably at a lower cost.

They're a decent manufacturer. Hopefully they'll inspect it and either give an almost full price refund or allow to to use its value towards its replacement. Do they know you're hoping to buy a different model?