DSR rights and "un-opened" and "un-used" Sellers T&Cs

Buckster · 09-01-2009, 7:50 PM

noticed it in most AV online sellers

are those clauses legal ?

thanks, Mark.

Crocodile · 09-01-2009, 7:52 PM

Only in relation to software.

Buckster · 09-01-2009, 7:53 PM

hmmm - darn I thought as much - how do they get away with it then ?

especially since its not (1) isolated cases and (2) many of the avforums site sponsers ?

Crocodile · 09-01-2009, 8:45 PM

I suppose it depends on what you mean by getting away with it. A retailer's T&C's can't over-ride you statutory rights, & most usually have a clause to that effect.

It's just an extension of the age old practices of refusing refunds & only offering credit or refusing to accept responsibility for a failure & referring the customer to the manufacturer.

How much of it is ignorance on behalf of the retailer or downright sharp practice is impossible to say.

Import racer · 09-01-2009, 9:20 PM

Quote:

Originally Posted by Buckster

noticed it in most AV online sellers

are those clauses legal ?

thanks, Mark.

No they are not legal

I spoke to someone at Customer direct a few weeks ago,
And she said obviously you have to open the item to test/check it,
how would this be possible without opening the item.

There just having people on so they can re-sell easier.

As crocodile mentions its your statutory rights
Not theirs.

They would be breaking the law if they refused the item back, and took money off regarding a restocking fee, as they also sometimes quote.

*lead* · 28-02-2009, 12:37 PM

I'm returning a piece of PC hardware under DSR and was just wondering about this very issue. The retailer's website says items must be unopened/unused, but I obviously had to open it to check it.

Anyway, I've submitted an RMA request and we will see what happens...

DVD-Man · 28-02-2009, 5:56 PM

Being unopened you could ask for a refund and case closed but if it's opened they are more likely to offer a replacement.

Liam

**Steven** · 28-02-2009, 6:21 PM

Just about a previous above point...

Software, games and music are specifically exempt from the distant selling regulations - a simple read of them will confirm this

For the purposes of why as is relevant in the UK, it is because of the Copyrights, Designs and Patents Act 1988

JagoPlasma · 01-03-2009, 5:26 PM

normally with laptops/pc's you are ok aslong as you dont register the software. i have returned 3 laptops in the past year all because they couldnt play blu-ray properly (tho i guess that should be SoGA)