Mystery boxes

GDB2222

Anker are offering 'mystery boxes', which may contain a valuable item, but mostly contain a not-very-valuable item. This is all being sold on their website here:

https://www.anker.com/uk/black-friday-sale

You need to scroll down a bit to see the mystery boxes.

They are imposing a term, namely:  "2. Contents cannot be chosen, returned, or exchanged after purchase."

How does that square with the usual consumer rights for distance contracts to cancel the contract within 14 days of receiving the goods?

If you can, in fact return the goods for a full refund, you can open the box, realise it's not the valuable item, and return it.

Are they just hoping buyers won't do this, or am I missing something? 

visidigi

https://forums.moneysavingexpert.com/discussion/6635645/lidl-mystery-box-t-c

Different company, same question - feedback in that thread.

Okell

I would say that is contrary to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

But unlike the Consumer Rights Act 2015, the regulations don't have a provision saying that traders T&Cs cannot avoid or restrict their liability under the regs.  (Or at least I don;t think they do).

When I raised this point recently, I think @the_lunatic_is_in_my_head explained that it was covered elsewhere.  But I cannot remember exactly where!


[Edit:  What the lunatic said in reply to my question was as follows:

"https://www.legislation.gov.uk/ukpga/2015/15/section/12

(2)Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the goods and mentioned in paragraph (a) of Schedule 1 or 2 to the Regulations (main characteristics of goods) is to be treated as included as a term of the contract.

https://www.legislation.gov.uk/ukpga/2015/15/section/31

(1)A term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader's liability arising under any of these provisions—
(d)section 12 (other pre-contract information included in contract)"

Which seems a very roundabout and indirect way of the legislature saying that traders cannot exclude or limit their liability under the regs...(?) 

It was here:  Argos refusing to accept return - Page 6 — MoneySavingExpert Forum]

Okell

visidigi said:

https://forums.moneysavingexpert.com/discussion/6635645/lidl-mystery-box-t-c

Different company, same question - feedback in that thread.

Sorry but isn't that thread about something completely different?

There the consumer was allowed to return unwanted goods within 28 days.  Here the consumer isn't being allowed to return at all.

Or have I misunderstood?

A_Geordie

Okell said:

I would say that is contrary to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

But unlike the Consumer Rights Act 2015, the regulations don't have a provision saying that traders T&Cs cannot avoid or restrict their liability under the regs.  (Or at least I don;t think they do).

Without getting into any technical or legal arguments, It's not possible to contract out of the CCRs.

Notwithstanding the fact that there is no specific provision that says traders are prohibited from contracting out the rights are automatically implied into consumer contracts except for any contracts that are not protected under the CCRs. This is further reinforced by the fact that each "Part" of the CCRs has an initial subsection called "Application of Part X" explaining which contracts those parts of the CCRs apply to. Finally, Parliament reigns supreme so statutory law > contract terms. 

If Parliament had intended to allow traders to contract out, then it would have explicitly said so, just like it did in the Sale of Goods Act 1979. In the absence of that and in light of the fact the legislation's primary focus is consumer protection, it would be absurd to suggest a trader is able to contract out of the CCRs as it would effectively render it a useless piece of legislation since every trader would contract out. 

To the original question, I don't think the terms would override the CCRs or the CRA unless the description of the mystery box gives a clear indication that the box may contain damaged, unusable or spoiled goods. Therefore, there should be a reasonable expection that would you are getting complies with the CRA and you are entitled to return the goods, unless the goods in questions make it an exempt contract.

Even if it was an exempt contract, there may be an argument for a return/refund under the Consumer Protection From Unfair Trading Regulations/Digital Marks, Competition and Consumers Act 2024 for unfair commercial practices. 

born_again

GDB2222 said:

Anker are offering 'mystery boxes', which may contain a valuable item, but mostly contain a not-very-valuable item. This is all being sold on their website here:

https://www.anker.com/uk/black-friday-sale

You need to scroll down a bit to see the mystery boxes.

They are imposing a term, namely:  "2. Contents cannot be chosen, returned, or exchanged after purchase."

How does that square with the usual consumer rights for distance contracts to cancel the contract within 14 days of receiving the goods?

If you can, in fact return the goods for a full refund, you can open the box, realise it's not the valuable item, and return it.

Are they just hoping buyers won't do this, or am I missing something? 

So from that link. Every one of the priced box's, the item is worth more than you pay for the box. 
So you are getting a item that costs more than you are paying. Winner all round.

So it's pot luck. If you do not like the thought of maybe not getting the most expensive item, then don't buy..

Strikes me just like buying a scratch card. Some are winners, most are not & you can't return the losing cards 🤦‍♀️🤣



Purchasing blind boxes constitutes acceptance of the following terms:

1. Each blind box contains one item or one bundle, with a total value equal to or greater than the purchase price of the blind box.
2. Actual product colors may vary. Images are for reference only.
3. Blind boxes are sold at full price and are not eligible for any promotions or discounts, including but not limited to: member-exclusive discounts, "Pay £1, Get £15" credit offers, or early bird promotions.
4. All contents are randomly assigned and cannot be selected or exchanged based on preference. We do not accept returns or exchanges due to dissatisfaction with the item or unmet expectations. Returns are only permitted in the case of verified quality issues.
5. Some items may be compatible only with specific devices (e.g., iPhone only). Please read product details carefully. Purchasing multiple blind boxes of the same type may result in receiving duplicate items.
6. Items in a bundle may be shipped separately. Delivery times may vary. Please allow extra time during peak periods.
7. Due to high demand, we may update or replace blind box items at any time. All contents are subject to availability.
8. The product details displayed at the time of your order reflect the final contents for that specific blind box purchase. No changes can be made after checkout.
9. Quantities are limited. Once sold out, the blind box promotion will no longer be available. Order early to avoid missing out on your surprise.

sheramber

Not UK company.

Google search for © Fantasia Trading LLC   is worth looking at.

Grumpy_chap

GDB2222 said:

Anker are offering 'mystery boxes', 

They are imposing a term, namely:  "2. Contents cannot be chosen, returned, or exchanged after purchase."

How does that square with the usual consumer rights for distance contracts to cancel the contract within 14 days of receiving the goods?

If you can, in fact return the goods for a full refund, you can open the box, realise it's not the valuable item, and return it.

Are they just hoping buyers won't do this, or am I missing something? 

I think that might comply with the CCR.

CCR allows the purchaser to cancel the contract within 14 days of receipt (or longer if prescribed rights are not set out) for any reason or none.  However, the consumer is only allowed to handle the goods to the same extent as if the goods were being assessed in a shop.

So, if a retailer had a shop selling sealed "mystery boxes" and did not allow the boxes to be opened to assess prior to purchase, then the same constraint would apply to the remote purchase.

The complexity would be if the items were somehow faulty in which case the normal right to return would apply.

Also, the CCR would allow the consumer to cancel the order after a greater level of assessment that could be achieved within a store, however the retailer can then apply an adjustment for diminished value.  Consider the £20 "mystery box" and the cheapest item is claimed to have a value of £30 - would opening the box diminish the value of the £30 item by £20?  If so, the order can be cancelled and the item returned but the refund will be nil. 

Okell

Grumpy_chap said:

GDB2222 said:

Anker are offering 'mystery boxes', 

They are imposing a term, namely:  "2. Contents cannot be chosen, returned, or exchanged after purchase."

How does that square with the usual consumer rights for distance contracts to cancel the contract within 14 days of receiving the goods?

If you can, in fact return the goods for a full refund, you can open the box, realise it's not the valuable item, and return it.

Are they just hoping buyers won't do this, or am I missing something? 

I think that might comply with the CCR.

CCR allows the purchaser to cancel the contract within 14 days of receipt (or longer if prescribed rights are not set out) for any reason or none.  However, the consumer is only allowed to handle the goods to the same extent as if the goods were being assessed in a shop.

So, if a retailer had a shop selling sealed "mystery boxes" and did not allow the boxes to be opened to assess prior to purchase, then the same constraint would apply to the remote purchase...

That's a good point so far as it concerns cancellation and return if the box has been opened and you are dissatisfied with the contents.

But the T&Cs seem to go further than that and are trying to prevent the purchaser  from cancelling and returning even if they haven't opened the box

From @born_again's post (my bold):

"... 4. All contents are randomly assigned and cannot be selected or exchanged based on preference. We do not accept returns or exchanges due to dissatisfaction with the item or unmet expectations. Returns are only permitted in the case of verified quality issues..."


[Edit for clarity:  they are saying you can only return "faulty" items.  You can't just change your mind and return even if you haven't opened the box]

the_lunatic_is_in_my_head

Grumpy_chap said:however the retailer can then apply an adjustment for diminished value.  Consider the £20 "mystery box" and the cheapest item is claimed to have a value of £30 - would opening the box diminish the value of the £30 item by £20?  If so, the order can be cancelled and the item returned but the refund will be nil. 

They are just chucking some random item(s) in a bog standard cardboard box, the value of the box is nothing, it's the contents that hold the value which aren't diminished by opening the outer box. 

PHK

The CMA has looked at mystery boxes as they might be considered under Consumer Protection from Unfair Trading Regulations 2008

Unfortunately they haven't made any public pronouncements. Its thought they may go down the route adopted by other countries (age limits, published probability of getting an expensive item, must represent a genuine discount etc)