Forum: Q & A

Terrywoodenpic said:

Under the UK distance selling regulations. You certainly can check out the camera in any way that is reasonable to assess its suitability. This would include Unpacking and checking all the functions including taking test pictures.
How ever opening and using software is a grey area and is best avoided.

Matt Rogers said:

Under the UK return it if you don't like the results I feel is completely unreasonable. There are thousands of websites with reviews, sample images etc so there's really no excuse not to know exactly what you're getting. Again, retailers should not have to bear the cost incurred by lazy consumers.

The other difference is large retailers can afford to stock demo units in-store for customers to try out. Another problem this can cause for consumers is the goods you receive from an online reseller can be classified as brand new even though it may have been used by dozens of customers and returned under DSR. I highly doubt it happens to this extent but the reseller has every right to then resell the goods as brand new, consumers can't have it all their own way.

Personally we've been quite lucky as we've only ever had two returns in four years and never under the distance selling regulation. If a customer is genuine and has really changed their minds without needing to use the product then I'd have no problems what-so-ever issuing a refund. I do however disagree with having to refund the initial postage fees.

At the end of the day you just have to ask yourself, would you be happy with an online reseller shipping you a DSLR sold as new if someone else had already been using it for 7 days ? I know I wouldn't hence I'd never abuse the system.

Matt

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.How can I resell the goods as new if they have been opened
and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancelon this point. Unless one of the specific exceptions referred to above
at paragraph 3.38 applies, consumers can exercise their right to
cancel a contract and return the goods to you. The DSRs do not link
cancellation rights with a supplier’s ability to resell items as new.Whose responsibility is it to look after the goods if an order
is cancelled?
3.60 Consumers have a statutory duty to take reasonable care of the
goods while in their possession. Where a consumer cancels an order
under the DSRs they have a duty to return the goods to you or make
them available for collection. The DSRs do not require the consumer
to return the goods but if the contract says the consumer must return
them and they do not, you can charge them for the direct cost of recovery.

tallmanirl said:

Come to think of it, a Trial Period isn't all that unreasonable, if you return the camera in perfect condition. After all, you wouldn't buy a car without a test drive, and you can be spending a similar amount.

Fergal.