Distance Selling Act?

Soldato
Joined
20 Feb 2004
Posts
21,197
Location
Hondon de las Nieves, Spain
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
 
Soldato
Joined
4 Mar 2003
Posts
12,449
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?
 

daz

daz

Soldato
Joined
18 Oct 2002
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24,073
Location
Bucks
It doesn't matter that you bought from BT Business - you are an individual so are covered under the DSR.
 

_ST

_ST

Associate
Joined
27 May 2007
Posts
336
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.
 
Caporegime
Joined
22 Nov 2005
Posts
45,167
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.

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
 
Soldato
Joined
10 May 2004
Posts
3,749
Location
East Yorkshire, UK
The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods.

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

_ST

_ST

Associate
Joined
27 May 2007
Posts
336
Well you learn something every day. Goes to show how some company's lie to you in order to not refund you.
 
Associate
Joined
18 Oct 2002
Posts
1,304
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.
 
Soldato
Joined
17 Oct 2002
Posts
5,538
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.
 
Man of Honour
Joined
27 Sep 2004
Posts
25,821
Location
Glasgow
They should refund you, as in a shop you can physically inspect a printer.

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.

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

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.
 

Ev0

Ev0

Soldato
Joined
18 Oct 2002
Posts
14,152
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).

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.
 
Caporegime
Joined
7 Nov 2004
Posts
30,194
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
 
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