 |
|
09-01-2009, 7:50 PM
|
#1 (permalink)
|
|
Prominent Member
Join Date: May 2001
Location: UK
Posts: 4,277
Thanks: Gave 49, Got 107
|
DSR rights and "un-opened" and "un-used" Sellers T&Cs
noticed it in most AV online sellers
are those clauses legal ?
thanks, Mark.
__________________
Pioneer 2011, Tannoy R3s, Tannoy RC, Tannoy M2s, SVS PC-Ultra13
|
|
|
|
09-01-2009, 7:52 PM
|
#2 (permalink)
|
|
Veteran Member
Join Date: Nov 2002
Posts: 5,390
Thanks: Gave 147, Got 606
|
Re: DSR rights and "un-opened" and "un-used" Sellers T&Cs
Only in relation to software.
|
|
|
|
|
09-01-2009, 7:53 PM
|
#3 (permalink)
|
|
Prominent Member
Join Date: May 2001
Location: UK
Posts: 4,277
Thanks: Gave 49, Got 107
|
Re: DSR rights and "un-opened" and "un-used" Sellers T&Cs
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 ? 
__________________
Pioneer 2011, Tannoy R3s, Tannoy RC, Tannoy M2s, SVS PC-Ultra13
|
|
|
|
|
09-01-2009, 8:45 PM
|
#4 (permalink)
|
|
Veteran Member
Join Date: Nov 2002
Posts: 5,390
Thanks: Gave 147, Got 606
|
Re: DSR rights and "un-opened" and "un-used" Sellers T&Cs
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.
|
|
|
|
|
09-01-2009, 9:20 PM
|
#5 (permalink)
|
|
Member
Join Date: Sep 2007
Location: The dark side of the moon
Posts: 728
Thanks: Gave 38, Got 85
|
Re: DSR rights and "un-opened" and "un-used" Sellers T&Cs
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.
__________________
THX 10.2 Arcam Av9 + Yamaha Z9 Nad M25 / 216THX Arcam 7/8P/P75/Dv135/Cd36 C.A.C500 Pioneer Pdr555rw/609 Panasonic PH10-50 Ptax100 150" screen Kef Q55.2/Q60/Q85/Q95x4 Mission 77Ds Paradigm PS1000x3 DIY Jl 13w6x2 Behringer EP2500/BFD/DCX 2496x2/CX3400x2
|
|
|
|
|
28-02-2009, 12:37 PM
|
#6 (permalink)
|
|
Member
Join Date: Aug 2003
Posts: 279
Thanks: Gave 29, Got 21
|
Re: DSR rights and "un-opened" and "un-used" Sellers T&Cs
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...
|
|
|
|
|
28-02-2009, 5:56 PM
|
#7 (permalink)
|
|
Senior Member
Join Date: Jul 2004
Location: Ayrshire, Scotland
Posts: 1,875
Thanks: Gave 168, Got 245
|
Re: DSR rights and "un-opened" and "un-used" Sellers T&Cs
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
|
|
|
|
|
28-02-2009, 6:21 PM
|
#8 (permalink)
|
|
Moderator
Join Date: Feb 2005
Posts: 13,995
Thanks: Gave 970, Got 1,852
|
Re: DSR rights and "un-opened" and "un-used" Sellers T&Cs
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
__________________
Opinions expressed here are my own and do not represent those of the AV Forums or its associated websites
|
|
|
|
|
01-03-2009, 5:26 PM
|
#9 (permalink)
|
|
Prominent Member
Join Date: Jan 2005
Posts: 3,737
Thanks: Gave 626, Got 268
|
Re: DSR rights and "un-opened" and "un-used" Sellers T&Cs
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)
__________________
GAMERTAG&PSN: WilmaDicfit
Display's:50PZ80, 42PX60 & Optoma HD65 TV Source:Sky HD WD1TB Audio:SCPT560
Consoles:PS3, XBOX360, Wii
Other Stuff:iPhone 16GB, Canon 450D, Sony HDR-SR12E, Linkstation Live 1TB, WD Mybook 1TB
|
|
|
|
| |
Similar Threads
Linear Mode
