HELP! Internet shop wont let me return an item because it has been "used" - HotUKDeals
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HELP! Internet shop wont let me return an item because it has been "used"

daBluone Avatar
7y, 8m agoPosted 7 years, 8 months ago
Hi all - I hope someone can help.

I purchased a Wacom Cintiq 12wx graphics tablet from shop X, it is a pretty poor device considering its price tag and doesnt perform well. This of course is my opinion and I have spent a day trying to set it up correctly, but to put it simply Im not happy with the purchase and wish to return it for a refund under the distance selling law.

Now after a day on the phone the customer service agent simply kept saying they cant accept a return that has been used. Bearing in mind that there online store sells "customer return items" with 6 months warranty.

Also there only advice was to speak to Wacom if I had issues - they even went as far as contacting Wacom on my behalf to ask them to phone me about my "issues".

I did have to tell shop X why Im returning item and this was not good enough. They simply kept saying youve used it, youve opened it yada yada...

Im I right in thinking that I can simply return it within the 7 day cooling off period because Im not happy with my purchase. Of course at my expense?
daBluone Avatar
7y, 8m agoPosted 7 years, 8 months ago
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1 Like #1
Tell them the item has an intermitant fault and you want a refund as an alternative has been purchased as it was needed immediatley. Not v honest but they seem to be trying to fob you off so....... Good luck!
#2
DSR should cover you for 14 days, not 7, I believe.
1 Like #3
DSR = Distance selling regulations
1 Like #4
hit with BFM .. Send back as faulty
1 Like #5
Don't let them fob you of with Wacom, your purchase is with them and your return does not fall under the only exceptions to the DSRs:[LIST]
[*]personalised goods or goods made to a consumer's specification
[*]goods that cannot, by their nature, be returned
[*]perishable goods (eg flowers, fresh food)
[*]un-sealed audio or video recordings or computer software
[*]newspapers, periodicals or magazines
[*]betting, gaming or lottery services
[*]services that begin, by agreement, before the end of the cancellation period providing the supplier has informed the consumer before the conclusion of the contract, in writing or another durable medium, that he will not be able to cancel once performance of the services has begun with his agreement
[*]goods or services, the price of which is dependent on fluctuations in the financial market.[/LIST]
#6
can anyone point me in the direction of the necassary quotes as consumer direct have told me to send them a letter via recorder mail.

I have a managers email address so Im gonna point out the law then suggest that if I dont receive the outcome of a refund I shall send the letter to the MD of the company (I have his address) and let my credit card company deal with it.

Im a little concerned that the product did come with a drivers CD so the company could argue its software? Of course its not - its hardware but.....
#7
dontasciime
hit with BFM .. Send back as faulty


the problem with this:

If a manufacturing fault is immediately apparent, a refund will be issued directly. However if the fault is of a technical nature, the goods may need to be sent to the manufacturer or distributor for further inspection. In such instances we will aim to provide as realistic a date for refund or return of goods as possible.

So they'll send to Wacom, who'll send it back saying its fine and then I'll end up with it in the post again. + Ive not said its faulty so theyll mistrust me if I change my story
#8
stick your credit card company onto them then if you paid via that means
#9
dontasciime
stick your credit card company onto them then if you paid via that means


They have said I have to wait 30 days before they'll act. :x

Iv had a reply from a manager now:

You do have the right to return goods but they have to be in new condition and un used.

M****** will make contact with you today and give you a returns number to send the goods back to me to check. If the goods are not in new condition we may refuse to issue a credit or charge a re stocking fee but if this is the case i will contact you to discuss it.


Now Im certain they cant suggest this nor charge me a "re-stocking" fee.

Sadly Im starting to crumble as I cant take the stress of fighting them. Its really getting me worked up. If I send it back they will almost certainly say the item is used, and refuse a refund or charge me. Then its a battle of my word against theres and how do I defend myself once they have the goods and have got me over a barrel.

For me its alot of money to have tied up especially as the credit card company wont help for 30 days. Ive never had this sort of trouble in the past, yes ive had to point out the law a few times and the companys retreat knowing full well there wrong. But this company is bloody stuborn.

And another question: is the company passing on my contact details to Wacom a breach of the data protection rules? I didnt give them permission to do this.
#10
i dont think dsr rules cover try before you buy..... same as when you buy from a shop and use it

fair enough if it hadnt been used yu could return it no problem......but it has
1 Like #11
I believe a restocking fee can only be charged in B2b sales.
1 Like #12
Write to them and tell them you're return it under dsr, and return the item. Keep copies of this and send recorded etc.

If they don't refund give them hell through credit card company.
1 Like #13
kyalion
DSR should cover you for 14 days, not 7, I believe.


Nope, it is 7 days.
banned 1 Like #14
daBluone
can anyone point me in the direction of the necassary quotes as consumer direct have told me to send them a letter via recorder mail.

I have a managers email address so Im gonna point out the law then suggest that if I dont receive the outcome of a refund I shall send the letter to the MD of the company (I have his address) and let my credit card company deal with it.

Im a little concerned that the product did come with a drivers CD so the company could argue its software? Of course its not - its hardware but.....



You could point them towards

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Specifically

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. 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. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.

You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.


They could quite possibly argue that you wouldn't be able to try this in the shop unless you had your pc with you but I wouldn't mention that :)
#15
casparwhite
i dont think dsr rules cover try before you buy..... same as when you buy from a shop and use it

fair enough if it hadnt been used yu could return it no problem......but it has


Even though the rules are slightly open to interpretation Im almost certain that the rules do apply.
How else would I customer know if goods are suitable unless they had a chance to use them?

Ok so I bought goods that I wanted - but I couldnt try before I purchased so now that I have Im disapointed. IF I had an oppurtunity to try first then I wouldnt have purchased, but this is the reason why DSR exists

Consumer direct have told me to send the company a letter stating that I wish to return the goods under the dsr rules. In fact they said that I didnt neccassarly have to have the packaging and that unless the company ask me in writting to return the goods at my expense then they have to pick up the cost of collection. I dont feel like fighting this point because I know what the answer will be.

Im raising issue because this company are acting as if the rules dont apply - and I do feel bad that they will take a £££ hit on this because they will only be able to sell the item on as a "customer return" - but they are no longer being reasonable and are now choosing to not respond to me :x

Its times like this I wish I knew a lawyer :thinking:


UPDATE; new email response from customer services:

You can return the Wacom Cintiq 12WX Interactive Pen display to

********************

However we reserve the right to refuse the goods should they be received in unsalable condition or to charge a re stocking fee in the event that goods would have to be sold at a loss.

Please return the item via traceable post which would require a signature upon delivery, and insured to the valued of the goods enclosed, as should they be lost on their way to us we will not be able to credit you. And package securely so that this does not get damaged in transit.
We will be in touch when this is received in our office
#16
colinsunderland
You could point them towards

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Specifically



They could quite possibly argue that you wouldn't be able to try this in the shop unless you had your pc with you but I wouldn't mention that :)


Thankyou muchly - I have forwarded this
#18


cheers>


thats weird - just recieved an email letting me know that "casparwhite" had just posted a reply but its not here. I wanted to come on and disagree with their POV but nope.....its gone??????
#19
UPDATE: Ive sent the goods back today + £22.50 fee!!!

Spoke to credit card company dispute department to get them to update the records and freeze the interest and they've just told me they wont enforce DSR. They told me that it has nothing to do with them if the item was not faulty. They only enforce contracts and as company X terms and conditions dont say they will refund me for returned goods then theres nothing to say they've breached there contract!!

Oh and they also informed that company X could charge me fees such as re-stocking fees if its in there terms and condtions. Ive checked the posted receipt and on the back it says (but doesnt say on there website):

"we reserve the right to make a handling charge for goods which were correctly supplied"

OH MY GOD - Iv sent the damn thing back now. So it seems consumer direct mislead me and my only course of action is to contact citizen advice and file with small claims
#20
Your credit card company has mislead you. Under the consumer credit act they are joint liable for purchases made on your card so the dsr indeed does apply. They may get out of it based on the fact that the purchase price is probably under £100, but that doesn't mean the company you bought from should get away with it.
#21
as long as the company clearly advertises any return policy and cancelation charges on their site before you buy that is counted as a pre-contractual agreement, , so the DSR are to cover examining goods the same as you could if bought from a shop,

some items like clothes would be fine to return opened same as you find in a shop, but electrical goods and software need to be returned sealed same as any high street retailer would say

if its not faulty you cannot return it and expect a refund

dsr are not there for people to abuse by trying for a week and sending back, they are there to allow you to inspect/examine same as you could in a shop
#22
casparwhite
as long as the company clearly advertises any return policy and cancelation charges on their site before you buy that is counted as a pre-contractual agreement, , so the DSR are to cover examining goods the same as you could if bought from a shop,


This is the only mention of a return policy other than the faulty terms

"Notwithstanding the consumer's right to return goods within 14 days for a refund under The Consumer Protection (Distance Selling) regulations 2000, as x does not sell goods on a trial basis, customers are strongly advised to check suitability and specifications of products before making a purchase."

So they clearly recognise the law - just choose to ignore it when talking me

casparwhite


some items like clothes would be fine to return opened same as you find in a shop, but electrical goods and software need to be returned sealed same as any high street retailer would say

if its not faulty you cannot return it and expect a refund

dsr are not there for people to abuse by trying for a week and sending back, they are there to allow you to inspect/examine same as you could in a shop


Yes there are exceptions - but this graphic tablet does not come under these

Cancellation rights (Regulation 10)
What cancellation rights do consumers have?



3.23 Where the DSRs give consumers the right to cancel an order, this
right is [B]unconditional
[/B]and begins from the moment the contract is
concluded. Unlike when buying from a shop, the first time that a
consumer will typically have an opportunity to examine goods
purchased by distance means is when they receive them. The DSRs
give consumers who buy by distance means more rights than
consumers who shop in person
. When a distance consumer cancels a
contract to which the cancellation provisions apply they are entitled to
a refund of any money they have paid in relation to the contract even
if the goods are not defective in any way
. Please also see paragraph
3.46 for further information.

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?


3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. 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. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.

You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.
How can I resell the goods as new if they have been opened
and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel
on this point. Unless one of the specific exceptions referred to above
at paragraph 3.38 applies, consumers can exercise their right to
cancel a contract and return the goods to you. The DSRs do not link
cancellation rights with a supplier’s ability to resell items as new.
#23
company buckled and have said they've refunded me - gotta wait 5-7 days for it to show.

thanks for the input peeps>
#24
daBluone
company buckled and have said they've refunded me - gotta wait 5-7 days for it to show.

thanks for the input peeps>


Glad you got it sorted. casparwhite doesn't know what he's talking about, and had never heard of the Sale of goods act until a week or so ago when I had to school him on it.

The D.S.R's will register with him in about 5 years give or take a week.
#25
thesaint
Glad you got it sorted. casparwhite doesn't know what he's talking about, and had never heard of the Sale of goods act until a week or so ago when I had to school him on it.

The D.S.R's will register with him in about 5 years give or take a week.


not wrong at all if you check the full conditions you will see that a retailer has the right to set a cancellation period from 7 days onwards, if they dont give you the pre-contractual agreement with this stipulated then you have 3 months.

also you have a statutory duty to take care of the goods and if you havnt done so this can be used to refuse a refund under retailers rights...

its all there if you bother to read it all and not just quote selected pieces.

as for me not knowing a few weeks ago, i remember that discussion and it was over a 20/30 quid blender which was a month out of the 12 month warranty.....i quoted from the oficial stance on it copy n pasted that while it would apply for an expensive item like a tv.....a kettle or such would not be covered....

again it was all there in black n white and yyou were proven wrong

now suck it up

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