Returning opened electrical items to Amazon

Has anybody had any experience of returning opened items to Amazon and how they dealt with it?
I bought something in error yesterday and it arrived this morning. It is a Kodak Zi6 Pocket Video Camera. I have tested it but decided it's not right for me so I want to return it. Even though it has been opened and used briefly, the seals are still intact and it has been boxed back as new. Could Amazon refuse to give me a refund? What are my rights? I have never had to return anything to Amazon before.

Thanks

12 Comments

Banned

Check out "Distance selling regulations".

as the item is now used the DSRs do not apply unless you can make it look unused

maddogb;3853735

as the item is now used the DSRs do not apply unless you can make it look … as the item is now used the DSRs do not apply unless you can make it look unused



You are giving false information mate

You are allowed to open any packaging to inspect an item and then notify them that you wish to return it within 7 WORKING days from the date that you receive the goods. They cannot refuse to take them back.
Furthermore, you have a “reasonable” amount of time to send the goods back…
They have to refund you , even if you have yet to send the goods back to them..
If they fail to receive the goods, they then have to try to reclaim the costs.
If the goods returned are damaged by you, then they still have to repay the full amount and then try to reclaim costs..

3.58.
The DSR's 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 their original packaging, but you cannot insist on this.

Lots of info below..start at 3.26

oft.gov.uk/sha…pdf

Original Poster

Thanks for the replies. Thats very helpful information. I will return it back to Amazon.

smashed;3853960

You are giving false information mate :(You are allowed to open any … You are giving false information mate :(You are allowed to open any packaging to inspect an item and then notify them that you wish to return it within 7 WORKING days from the date that you receive the goods. They cannot refuse to take them back.Furthermore, you have a “reasonable” amount of time to send the goods back…They have to refund you , even if you have yet to send the goods back to them..If they fail to receive the goods, they then have to try to reclaim the costs.If the goods returned are damaged by you, then they still have to repay the full amount and then try to reclaim costs..3.58.The DSR's 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 their original packaging, but you cannot insist on this.Lots of info below..start at 3.26http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf



actually it is quite correct , according to the OP as he has done more than examine them, I believe the legal term is "use consistent with ownership". It state quite specifically in the guides to the DSRs they are not a "Try before you buy" option, simply the ability to reject goods bought on impulse

maddogb;3855271

actually it is quite correct , according to the OP as he has done more … actually it is quite correct , according to the OP as he has done more than examine them, I believe the legal term is "use consistent with ownership". It state quite specifically in the guides to the DSRs they are not a "Try before you buy" option, simply the ability to reject goods bought on impulse



Mate, just accept that he is legally entitled to return it, and legally he IS allowed to do more than examine them. I will make it clearer for you

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.

smashed;3855403

Mate, just accept that he is legally entitled to return it, and legally … Mate, just accept that he is legally entitled to return it, and legally he IS allowed to do more than examine them. I will make it clearer for you :)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.



Just accept what? why should i?, if OP wishes to he can but you spouting base summaries from some press releases on the web is not going to provide a valid argument if it came to a legal scrap.
You are stating absolutes on very little knowledge.
I have covered the DSRs since consultation and proposal surrounding the original European directives approx 10yrs now, and whilst no expert they are a typical modern day bollix as far as legislation goes, everything isn't always black and white,in fact it's a very grey world out there.

If you re-read my initial post it was a pointer with a wink, not a statement of absolutes, and it might save the OP wasting money to return an item and have to pay for it to be returned to him once more on a technicality.

maddogb;3856361

Just accept what? why should i?, if OP wishes to he can but you spouting … Just accept what? why should i?, if OP wishes to he can but you spouting base summaries from some press releases on the web is not going to provide a valid argument if it came to a legal scrap.You are stating absolutes on very little knowledge. I have covered the DSRs since consultation and proposal surrounding the original European directives approx 10yrs now, and whilst no expert they are a typical modern day bollix as far as legislation goes, everything isn't always black and white,in fact it's a very grey world out there.If you re-read my initial post it was a pointer with a wink, not a statement of absolutes, and it might save the OP wasting money to return an item and have to pay for it to be returned to him once more on a technicality.



Ok, apologies. I will forward your comments onto the Office Of Fair Trading and let them know that they are wrong :roll: Perhaps you could re-write it for them :thumbsup:

smashed;3868768

Ok, apologies. I will forward your comments onto the Office Of Fair … Ok, apologies. I will forward your comments onto the Office Of Fair Trading and let them know that they are wrong :roll: Perhaps you could re-write it for them :thumbsup:



Rep added to you, I wish people would do some research on the S.O.G.A and D.S.R's before being allowed to buy items.

Thanks
tbh, it is the sort of thing that could do with getting broader exposure on here, as I am sure that proper knowledge would save everybody a few £££'s over the course of a year.

smashed;3868768

Ok, apologies. I will forward your comments onto the Office Of Fair … Ok, apologies. I will forward your comments onto the Office Of Fair Trading and let them know that they are wrong :roll: Perhaps you could re-write it for them :thumbsup:



it is not the OFT who are wrong it is you assuming the legal definition of "examination" is the same as that of "use"


thesaint;3868945

Rep added to you, I wish people would do some research on the S.O.G.A and … Rep added to you, I wish people would do some research on the S.O.G.A and D.S.R's before being allowed to buy items.



The DSRs state that the company is legally bound to provide you with all the relevent information, so that is all you need to know, failure to do that means don't buy from them.

Again... the OFT have written...
[SIZE="5"]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[/SIZE].

Dont worry, I will tell the OFT that they are giving false information on their own rules :thumbsup:
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