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Distance Selling Act?

Discussion in 'General Discussion' started by Martynt74, 7 Apr 2010.

  1. Martynt74

    Capodecina

    Joined: 20 Feb 2004

    Posts: 16,359

    Location: Higher Walton

    Hi

    I'm just trying to get some advice about the sale of goods act and see if my understanding is correct.

    We bought a printer from BT, got it home and unpacked it only to find it didn't have a paper tray but that it was fed paper externally on a tray.
    We decided we didn't want this as the cats would probably knock the paper all over the place.
    We packed it all back up the next day and rang BT to say we wanted to return it. BT came and collected it but are since reporting that they won't refund us as the box has been opened.

    Are they able to do this? Wheni said i believed i had 7 days to change my mind they said that because it was BT business this rule didn't apply although i'm a personal consumer.

    Am i able to take this further or am i stuck and should just get them to send me the printer back so i can sell it?

    Thanks
     
  2. stoofa

    Capodecina

    Joined: 4 Mar 2003

    Posts: 12,148

    Location: Chatteris

    You bought a printer from BT.
    got it home and unpacked it

    Sorry, a little confused.
    You got it home from where?
    Did you buy it in a BT shop?
     
  3. Martynt74

    Capodecina

    Joined: 20 Feb 2004

    Posts: 16,359

    Location: Higher Walton

    Sorry for the confusion. My girlfriend bought it from bt. Not sure if it was over the phone or online.
     
  4. Stretch

    Capodecina

    Joined: 14 Feb 2004

    Posts: 13,077

    Location: Peoples Republic of Histonia, Cambridge

    How do they know you've unpacked it?
     
  5. Martynt74

    Capodecina

    Joined: 20 Feb 2004

    Posts: 16,359

    Location: Higher Walton

    Not too sure, maybe a seal was open or something. Am i stuffed then?
     
  6. daz

    Capodecina

    Joined: 18 Oct 2002

    Posts: 24,019

    Location: Bucks

    It doesn't matter that you bought from BT Business - you are an individual so are covered under the DSR.
     
  7. Burnsy2023

    Man of Honour

    Joined: 17 Nov 2003

    Posts: 36,648

    Location: Southampton, UK

    Did you buy it as a business? Do you have a business account with them?
     
  8. arknor

    Caporegime

    Joined: 22 Nov 2005

    Posts: 38,874

    Location: Newcastle/Zurich

    ask for the organ grinder
     
  9. _ST

    Gangster

    Joined: 27 May 2007

    Posts: 340

    Some websites state. That if the item has been opened then it can not be returned for a refund. Whether this can be enforced over the DSR I have no idea. However they can argue that it is in their terms and conditions to which you can read anytime. Contact consumer direct if in doubt.
     
  10. arknor

    Caporegime

    Joined: 22 Nov 2005

    Posts: 38,874

    Location: Newcastle/Zurich

    seeing as its a legal right to puchase a product and inspect it the terms and conditions they come up with cant be enforced.

    DSR is not a guideline, read the DSR faq you dont even need to return all packaging
     
  11. decmatt

    Mobster

    Joined: 10 May 2004

    Posts: 3,727

    Location: East Yorkshire, UK

    They should refund you, as in a shop you can physically inspect a printer.
     
  12. _ST

    Gangster

    Joined: 27 May 2007

    Posts: 340

    Well you learn something every day. Goes to show how some company's lie to you in order to not refund you.
     
  13. Akira

    Wise Guy

    Joined: 18 Oct 2002

    Posts: 1,309

    If you bought it in person from a shop I don't think you have a right to a refund, though they could give you one if they wanted to keep your custom. If it was an online or phone purchase, you can return it within a week for refund without explanation. The packaging isn't an issue as long as the item is still as new and complete.
     
  14. Dave M

    Soldato

    Joined: 17 Oct 2002

    Posts: 5,537

    If he's bought it as a business he doesn't get the proection of DSR or any other consumer legislation.

    You either get the vat back, or you get the protection - not both.
     
  15. semi-pro waster

    Man of Honour

    Joined: 27 Sep 2004

    Posts: 25,829

    Location: Glasgow

    However it is important to note that the DSR is not meant to provide you with additional rights beyond what you would have in a shop (although through misunderstanding of it you frequently do get more leeway).

    First it should be clarified how the item was bought, if Marvt74's girlfriend bought it either online or ordered it over the phone then they ought to be covered and BT should be well aware of their obligations, if however it was bought in a store and brought to Marvt74's home by his girlfriend then it won't be covered. Assuming it is the first scenario here then as you say he has the right to inspect the printer - although with the caveat that the DSRs are not simply for people to use as a try before you buy service.

    I always like the signs that disclaim any responsibility for loss or damage to your person that some businesses put up in their premises - they simply cannot derogate out of all responsibility so if their neglect causes you injury they are liable.
     
  16. Ev0

    Capodecina

    Joined: 18 Oct 2002

    Posts: 13,912

    Very true as you can return most items under dsr within the 7 days for pretty much any reason you like. You can't do this from a shop.

    I had hassle with an online shop who sent me the wrong item, I returned it, but when they then went to return it to their supplier they refused it saying it had been used.

    It hadn't been used, but I had to fall back on the DSR to get my money back as the shop were being stupid and getting me involved in the dispute between them and their supplier rather than just giving me the refund (they couldn't get what I'd ordered in stock). They had trading standards, their solicitors etc all involved when I just either wanted what I'd ordered or my money back to buy it elsewhere.

    Reading through the DSR guidelines for retailers it's almost scary how much power the buyer has, the product can be opened and used, and then returned, as long as the customer has taken due care of the items.

    The DSR guidelines say numerious times that they are not concerned with the resale of the product, or how any usage etc might effect that. It basically says tough poop you must take it back regardless to the retailer which seems way over the top.

    But as said if the product was bought as a business transaction DSR does not apply.
     
  17. Delvis

    Caporegime

    Joined: 7 Nov 2004

    Posts: 29,198

    Location: Buckinghamshire

    I brought a TFT monitor from an online store a few moons ago, it has some stuck pixels.

    I wasn't at all happy as it was 'faulty' so I requested a refund / replacement...They got all funny with me saying it still works etc...So I basically quoted many DSR sayings stating I had 'x' amount of days to return an item 'if not entirely satisfied with it'.

    I eventually got them to collect it and refund me...If you buy something and it is not up to standard, then you have a right to re-turn it if it is not damaged.

    Keep pushin, it will take a while, but they should refund / replace it in the end
     
  18. Martynt74

    Capodecina

    Joined: 20 Feb 2004

    Posts: 16,359

    Location: Higher Walton

    Cheers guys.
    I spoke to the OFT this morning who advised me to write a letter to BT.
    Got that typed up and sent out this morning so we'll see how that goes.