Distance selling regulation

  Baz48 22:47 24 Jul 07
Locked

One of the reasons for this regulation is to give the consumer the opportunity to examine the goods purchased.

I am thinking of buying a monitor but the company's contract states that goods returned under the DSRegs must be "unused and unopened with all seals/shrink wrap intact".

How am I expected to check the goods, i.e. that it works and dosn't have too many dead pixels?

  Forum Editor 23:42 24 Jul 07

You have seven days from the date of delivery within which to examine the goods, and if necessary to notify the supplier that you wish to return them/it. If you opt to return you do not have to provide a reason.

Once the seven days has elapsed and you've tried out the item you may still return it, but only if it isn't 'as described', or if it's faulty. If a fault manifests itself within 6 months of the date of purchase the law assumes that the fault was present at the point of sale, and the supplier must replace or repair the item within a reasonable (but undefined in law) time.

Here in the UK we have the best consumer protection legislation in the world, and you need fear nothing that a supplier decides to include in pre-sales terms and conditions.

Finally, you're protected by the Sale of Goods Act, which says that goods must be 'fit for the purpose for which they are sold'. That basically means that a toaster must toast bread, and a computer monitor must work as a monitor should.

  acxxxx 00:09 25 Jul 07

I assume (hope) they mean that if you have been sent the wrong item (by looking at the box/delivery note) they would 'like you' to send it back unopened (even if you do open it, I doubt they would be able to refuse to take it back) - Goods not as described.

Opening the box and finding the monitor doesn’t work/has a lot of dead pixels, that’s another matter entirely – Not fit for purpose.

But the fact that they have even put this would make me go elsewhere.

  HondaMan 10:40 25 Jul 07

PAY BY CREDIT CARD!

  Baz48 14:23 25 Jul 07

Thank you for the feedback.

So it looks like the supplier's terms do not overide the Regulations.

I will be paying by credit card but, if there are any dead pixels, even within the allowable manufacturing percentage, rather than argue I can return the monitor within the seven days.

The monitor is coating me £550 hence my concern.

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