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Are these conditions legal under DSR?

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--- UNWANTED GOODS

Unwanted goods can be returned if unopened and in 're-sale' condition (i.e.

with any seals and shrink-wrap still intact). You will need to complete an

online returns form within 7 days of accepting delivery of your order. We

can only accept the return of opened goods if they are faulty.

As I understood it the point of the DSR was so that I could inspect, evaluate and even test a product and that the DSR made no garuntees about "re-sale" ability, only that I took "reasonable care" of the item. Is it legal for them to insist that I do not open the package? If this was say a TV do I not have the right to actually test the product meets my expectations?

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There is a difference between purchasing and obtaining goods 'on approval'.

 

A supplier could argue that they do not send goods on approval, which may appear to run contrary to DSR, but then why should a supplier - through no fault of their own - find an item sold returned with a request for a refund in full, meaning the value of the item has significantly fallen.

 

Issues where (for example) the TV doesn't fit its intended location, but has not been used. The box may have been opened, but it is otherwise unused would be a reasonable return. Sending it back after it has been used, becasue you don't like it would be a change of mind and a battle with the supplier is ahead, with no guarantee of success.

 

Catalogue companies (and others) price and expect a percentage of their goods to be returned, and factor this in. Discount retailers do not have this fexlibility, and will fight this all the way.

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Well I received the product (I'm not intending to send it back, was just wondering about their return T&C). The only "Seal" was on the actual package, none on the retail box itself. So I can only assume they are saying I can not open it at all, and just look at the brown box with the delivery details stuck on it.

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I's imagine they'd find it difficult to reject your right of return if there was any difference in what you actually ordered and what you received. I always take care when opening stuff in case I have to re-pack, and when I do they'd be hard pressed to complain they didn;t get it back in the condition it was sent out!

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