Distance selling regulations and PVRs

[beef2006]

Under the distance selling regulations where you can return goods if you buy them mail order (or internet shopping) and simply decide you dont want them within 7 days can you do that even though you have opened the packaging ?

For instance I have torn the cellophane open to get the manual out (no way to do it tidily) and also torn open the shrink wrap arpund the batteries for the remote control (no way to do that tidily either)

Does the distance selling "your right to cancel" regulation only apply to goods if you dont open them at all and dont use them at all ? Anyone know ?

The goods work (albeit quite a lot noisier than I hoped for)

[Qublai]

My understanding is that the goods must be returned 'as new' and in unused condition, with all packaging intact. Hope that clarifies it for you.

[ROYOLD]

I think I would be inclined to put the manual into one of the resealable plastic bags (used for food) and replace batts in cellophane or plastic bag and reseal with sellotape.

So far so good. If you have actually recorded
onto the PVR's HDD then I guess it's classed as being used. They may still take it back or let you exchange for another model. Ask them.

[AOD]

Originally Posted by Qublai

My understanding is that the goods must be returned 'as new' and in unused condition, with all packaging intact. Hope that clarifies it for you.

You can return the goods in a condition that equates to having opened/taken out the item and reasonably tried it so the packagaing doesn't have to be intact. That's something retailers will try and stick you with but it's not a requirement of the Act.

The fact that you've used the item *does not* mean that you lose the right to return it under the Distance Selling regs. The fact is some retailers will try and insist on this by putting it in their T&C's. However, nothing in their T&C's can vary/alter your rights under the Act, although you may have an argument on your hands depending on the retailer.

The best thing to do is pay with a credit card, then if the retailer doesn't play ball you simply look to your card company for the refund as they are held equally responsible with the retailer.

The item doesn't actually have to be unused and if you want some more information the DTI have some good guidance pages which are aimed at retailers but which are also very useful to the consumer.

Check out these guidance notes issued by the Department of Trade & Industry (DTI) and the Office of Fair Trading (OFT)

http://www.oft.gov.uk/NR/rdonlyres/1...9/0/oft698.pdf