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

powerful_Rogue

nedlammas said:

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?

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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.

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

Superb, in which case returning it withing 14 days of delivery, as they did not inform you of your cancellation rights in a durable form, means they can't reduce the refund for wear & tear etc.

Have a look at this post for the correct legislation - https://forums.moneysavingexpert.com/discussion/comment/78758455/#Comment_78758455

 I'd send them a Letter before Action and if no joy, small claims court.

nedlammas

Norman_Castle 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.

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.

There is no way that you would be able to tell that this had been pitched. The lawn is like a desert. I photographed the plastic feet before I returned it, and they were unmarked..... so we'll have to disagree on that.

nedlammas

powerful_Rogue said:

nedlammas said:

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

Superb, in which case returning it withing 14 days of delivery, as they did not inform you of your cancellation rights in a durable form, means they can't reduce the refund for wear & tear etc.

Have a look at this post for the correct legislation - https://forums.moneysavingexpert.com/discussion/comment/78758455/#Comment_78758455

 I'd send them a Letter before Action and if no joy, small claims court.

I'll have a read of what's in the link, but in the meantime I really appreciate your help. :-)

shiraz99

macman said:

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.

And??

It's an online purchase and under the terms of the CCRs the OP is entitled to open the packaging to do "what is necessary to establish the nature, characteristics and functioning of the goods,", also who said anything about being "used", it was put up once that's all.

shiraz99

Norman_Castle said:

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

Again, not relevant. This is the consumer rights section.

nedlammas

shiraz99 said:

macman said:

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.

And??

It's an online purchase and under the terms of the CCRs the OP is entitled to open the packaging to do "what is necessary to establish the nature, characteristics and functioning of the goods,", also who said anything about being "used", it was put up once that's all.

Thanks for your support. That was kind of my view

shiraz99

powerful_Rogue said:

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?

I think you mean the CCRs.

powerful_Rogue

shiraz99 said:

powerful_Rogue said:

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?

I think you mean the CCRs.

Indeed, my bad!

VohnnyJegas

shiraz99 said:

macman said:

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.

And??

It's an online purchase and under the terms of the CCRs the OP is entitled to open the packaging to do "what is necessary to establish the nature, characteristics and functioning of the goods,", also who said anything about being "used", it was put up once that's all.

That doesn't include pitching it up.

Ergates

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.

That could be interpreted as the restriction only applying to the 16 day extension.  Not a very well worded paragraph.