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gers1978

Help with Distance Selling regs

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I bought some HBH-IS800 Bluetooth earphones from first2save on eBay (shop item, not auction).

 

They arrived, but when I tried them they do not fit my ears, they just fall out.

 

I emailed first2save within 7 days and stated my intention to return, and why. I got a response saying where to send them back to for a refund.

 

I sent them off recorded delivery, at my expense, in original packaging, etc, but now the company is telling me they can't accept them as the seal is broken on the box!

 

I thought "of course it is, otherwise how do I inspect the product???".

 

Where do I stand legally? I know the DSR have a line stating a company "cannot restrict a consumer’s reasonable opportunity to inspect and assess the product"

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ime afraid its hygene

 

i would not like them after being in some ones ears

 

is the size correct that you asked for or are they generic

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I believe ear buds are an exception, as they are classed in the same way as other 'personal' items, and once used cannot be returned.

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Where do I stand legally? I know the DSR have a line stating a company "cannot restrict a consumer’s reasonable opportunity to inspect and assess the product"

 

:whoo:

 

How would you know that there is such a line which there is not, as it happens?

 

This, from the Sale of Goods Act [section 34] would rather be the origin of the notion:

 

Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract
Section 36 also provides that

 

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

Never minds the myths, the lies that eBay and the eBay sellers would rather palm you off with, to suit themselves. To know your rights, read the legislation.

 

The exceptions to the right to cancel are also easy enough to peruse, for yourself, if you take the trouble. The Statute is here:

 

http://www.legislation.gov.uk/uksi/2000/2334/regulation/13/made

 

:roll:

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