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I bought some Hair Straighteners from Boots on Sunday.

they were in a sealed box and I couldn't view the product until I had purchased them and opened the box.

 

These were in a sealed cellophane wrapping which stated that

"Please do not open this bag is you do not intend to keep the product inside."

I still was unable to examine the quality of them without taking them out the bag.

 

Once out of the bag I found these to be of quite poor quality and have 3 buttons along the length of the handle

which you are continually pressing against your hand whilst using. These 3 buttons change the temperature

or turn the straighteners on and off. This is very annoying.

I haven't yet used these but know that these are not suitable.

 

Am I within my rights to return them bearing in mind that I was not in a position to examine them properly before committing to the purchase?

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I would think so yes. It is quite ridiculous to say you cant open the product fully to see if it works correctly ?

 

How did you pay for the item ?

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To strengthen you demand for a refund, you could get a friend to visit the shop and ask if they can take the straightener out of the box for inspection and see what they say. If they say no, then I would say the same rules as DSR come into play and you can demand a full refund as you weren't given the opportunity to examine before purchase.

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Your right to a refund would be based only if they were not of merchantable quality, not as advertised, or not fit for the purpose for which they were sold

 

You cannot say "the same rules as DSR come into play" for a purchase in branch : it isn't a distance sale.

 

If you weren't sure they were suitable for your needs, why did you not ask to see a set in branch where they may have had a demo / display set?.

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When these were purchased at no point did a member of boots staff mention that these were non returnable. When I have bought a similar item at Argos they informed me of this before I handed over any money.

 

The non return statement on the bag was actually printed on the bag along with the standard suffocation notice so I didn't spot this anyway until after opening.

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When these were purchased at no point did a member of boots staff mention that these were non returnable. When I have bought a similar item at Argos they informed me of this before I handed over any money.

 

The non return statement on the bag was actually printed on the bag along with the standard suffocation notice so I didn't spot this anyway until after opening.

 

If you can't claim a statutory right to return them, any refund will be discretionary.

A discretionary refund is more likely if the item is in a re-saleable condition.

 

Your likelihood of a discretionary refund is increased if you can make the point that the warning in the bag not to open it wasn't prominent.

 

were there any signs in store or in the receipt that warn that the item may not be exchanged or refunded if the packaging was opened as this might decrease your chance of a discretionary refund.

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