14 day right to cancel, ex display goods

Katanaqui

Hi - please could someone help, or point me to the right regulations document? I've searched myself and can't find a reliable answer. 

I know that for goods bought online (distance selling), we have a 14 day right to cancel without giving a reason, and that this applies to most goods, with exceptions such as hygiene items. Does the right to cancel apply to ex display items? 


Further info:
• The item is a brand-name backpack - so tangible goods that aren't perishable, aren't customised, don't have a hygiene seal, etc..
• It's being sold online in the UK by a UK-based business, with delivery to my UK address.
• It's being advertised as ex display used for photographs, and I'm happy that the description and photos accurately describe the condition of the bag - i.e. I accept that I would be buying a bag that may not look brand new, and for the sake of this query, assume that the bag shows up as described with no undisclosed faults. 
• It's being sold as 'No returns on outlet products due to discounted prices', which as far as I can tell violates statutory rights. 

fuzzything

The right to cancel includes second hand items. See this page from Which? 

https://www.which.co.uk/consumer-rights/advice/what-are-my-rights-when-buying-second-hand-goods-apeuz1f3nYUK

Katanaqui

fuzzything said:

The right to cancel includes second hand items. See this page from Which? 

Thank you - is secondhand equivalent to ex display? As the bag still has its tags and packaging

user1977

fuzzything said:

The right to cancel includes second hand items. See this page from Which? 

https://www.which.co.uk/consumer-rights/advice/what-are-my-rights-when-buying-second-hand-goods-apeuz1f3nYUK

"Ex display" doesn't mean "second hand". It's a new item which might be "shop-soiled". No changes to statutory rights other than in relation to any defects specifically mentioned.

Katanaqui

user1977 said:

fuzzything said:

The right to cancel includes second hand items. See this page from Which? 

"Ex display" doesn't mean "second hand". It's a new item which might be "shop-soiled". No changes to statutory rights other than in relation to any defects specifically mentioned.

Thanks!   

Alderbank

Katanaqui said:

Hi - please could someone help, or point me to the right regulations document? I've searched myself and can't find a reliable answer. 

I know that for goods bought online (distance selling), we have a 14 day right to cancel without giving a reason, and that this applies to most goods, with exceptions such as hygiene items. Does the right to cancel apply to ex display items? 


Further info:
• The item is a brand-name backpack - so tangible goods that aren't perishable, aren't customised, don't have a hygiene seal, etc..
• It's being sold online in the UK by a UK-based business, with delivery to my UK address.
• It's being advertised as ex display used for photographs, and I'm happy that the description and photos accurately describe the condition of the bag - i.e. I accept that I would be buying a bag that may not look brand new, and for the sake of this query, assume that the bag shows up as described with no undisclosed faults. 
• It's being sold as 'No returns on outlet products due to discounted prices', which as far as I can tell violates statutory rights. 

Welcome to the forum.

Your research is spot on. The condition of the goods, whether new, second-hand, outlet, last season's stock is immaterial.

You must specifically inform them in writing (email is fine)  within the 14 day period that you are cancelling the contract of sale as is your right under regulation 29(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

To be very charitable to the retailer, they don't say you can't cancel the contract and are perhaps referring to their own company returns procedure, but they are sailing close to trying to take away your statutory rights which would be an offence.

Katanaqui

Alderbank said:

Katanaqui said:

Hi - please could someone help, or point me to the right regulations document? I've searched myself and can't find a reliable answer. 

I know that for goods bought online (distance selling), we have a 14 day right to cancel without giving a reason, and that this applies to most goods, with exceptions such as hygiene items. Does the right to cancel apply to ex display items? 


Further info:
• The item is a brand-name backpack - so tangible goods that aren't perishable, aren't customised, don't have a hygiene seal, etc..
• It's being sold online in the UK by a UK-based business, with delivery to my UK address.
• It's being advertised as ex display used for photographs, and I'm happy that the description and photos accurately describe the condition of the bag - i.e. I accept that I would be buying a bag that may not look brand new, and for the sake of this query, assume that the bag shows up as described with no undisclosed faults. 
• It's being sold as 'No returns on outlet products due to discounted prices', which as far as I can tell violates statutory rights. 

Welcome to the forum.

Your research is spot on. The condition of the goods, whether new, second-hand, outlet, last season's stock is immaterial.

You must specifically inform them in writing (email is fine)  within the 14 day period that you are cancelling the contract of sale as is your right under regulation 29(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

To be very charitable to the retailer, they don't say you can't cancel the contract and are perhaps referring to their own company returns procedure, but they are sailing close to trying to take away your statutory rights which would be an offence.

Thanks very much