Do distance selling regulations apply to used gear?

[Beedster]

Hi folks, a bought a used acoustic last week via the internet from a London shop. The invoice stated that I could return within 14 days. I really didn't like it (I've played the same model elsewhere and this instrument didn't sound anything like as good as that one had) so I emailed them and asked if I could return as per the invoice. They've said a flat no as, in their words, the returns policy only applies to damaged or not as described goods. Any thoughts?
Chris

[TG Flatline]

[url="https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDkQFjAB&url=http%3A%2F%2Fwww.oft.gov.uk%2Fshared_oft%2Fbusiness_leaflets%2Fgeneral%2Foft913.pdf&ei=gM4-UcCPIIuw7Aat-4HgDw&usg=AFQjCNEfGfvwWlP7g4n_RcFTGn-T_vQGGg&bvm=bv.43287494,d.ZGU"]CLICK ME[/url]

You can return the item. Point them in the direction of that to start with. Companies can and do have returns policies, but they must also comply with Distance Selling Regs. Good luck with it, let us know how you get on!

Edited March 12, 2013 by TG Flatline

[Floyd]

There's a guide here http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

I think that no matter what your reason for returning anything you've got 7 working days.

In practice , some businesses don't follow the regs because no one will chase them. The DTI, Citizens Advice etc do nothing. You'll have to take them to a small claims court.

[steve-bbb]

if they refuse i would leave a polite but factual review of the basic circumstances on their google review listing

[tonybassplayer]

Trying to think back to my car sales days and it was the same for new and used but seen to remember it may have been how you payed so if you had it delivered and paid prior to delivery the distance selling rules applied.

[Ashborygirl]

The DSRs give you the legal right to a refund. The shop is also guilty of fraudulent misrepresentation by advertising a returns policy and not honouring it. Don't let this drop & please name this retailer once the matter is resolved so I can add them to my blacklist.

[iconic]

Does the invoice state their dsr returns policy for used goods..?

[dlloyd]

[quote name='Beedster' timestamp='1363070019' post='2007751']
Hi folks, a bought a used acoustic last week via the internet from a London shop. The invoice stated that I could return within 14 days. I really didn't like it (I've played the same model elsewhere and this instrument didn't sound anything like as good as that one had) so I emailed them and asked if I could return as per the invoice. They've said a flat no as, in their words, the returns policy only applies to damaged or not as described goods. Any thoughts?
Chris
[/quote]


If you've had it for less than seven working days, it's covered by the distance selling regs.

[flyfisher]

All the above.

DSR protects consumers who have not had a chance to fully inspect the goods and to satisfy themselves that they fully meet their requirements, unlike when you can handle and test the goods when buying in a shop.

Don't let it drop and don't let them bully you. Write clear letters/emails in a manner that can be used as evidence in court (if it ever comes to that) and keep all copies. If you choose to name and shame, be careful to stick to verifiable facts.

[TG Flatline]

[quote name='flyfisher' timestamp='1363432460' post='2012610']
All the above.

DSR protects consumers who have not had a chance to fully inspect the goods and to satisfy themselves that they fully meet their requirements, unlike when you can handle and test the goods when buying in a shop.

Don't let it drop and don't let them bully you. Write clear letters/emails in a manner that can be used as evidence in court (if it ever comes to that) and keep all copies. If you choose to name and shame, be careful to stick to verifiable facts.
[/quote]

Excellent post, I would go by that to the letter! Fingers crossed for you bud!

[chrismuzz]

Snap the neck and send it back

[Lozz196]

I agree with not letting it drop and communicating with the shop by e-mail, so that it`s verifiable.

One of the points I would make to them is that their receipt clearly states the item can be returned within 14 days, and that is what I would base any legal action on. I think it would be very unlikely for a small claims court to be ruled in their favour, when their receipt states this.

People usually rely on the other backing down, but you have documentary evidence showing your position is the correct one - if it comes to it, take them to court based on the above.

[dlloyd]

[quote name='Lozz196' timestamp='1363516277' post='2013454']
I agree with not letting it drop and communicating with the shop by e-mail, so that it`s verifiable.

One of the points I would make to them is that their receipt clearly states the item can be returned within 14 days, and that is what I would base any legal action on.
[/quote]

If it's within seven working days, he should base it on the DSRs... statutory rights trump shop policy every time.

[Lozz196]

[quote name='dlloyd' timestamp='1363541469' post='2013843']
If it's within seven working days, he should base it on the DSRs... statutory rights trump shop policy every time.
[/quote]

Agree, statutory rights, plus what is printed on their own receipt - how would they possibly think they could win, or even defend against those?

[karlfer]

Uzi 9mm

[Beedster]

Thanks very much for the above folks (I'd completely forgotten posting this). The shop in question was New Kings Road Vintage, and they've since been very professional about things. In fact I suspect that early communication - referred to in my original post - was not indicative of their approach at all, as having spoken to Rick, the owner, I've had nothing but positive communication. The guitar's going back tomorrow with assurance of a refund as soon as it's received so I'm sure all will be OK.

Thanks for your help

Chris

[Musky]

Result!

[Beedster]

All sorted, NKRV/Rick dealt with it all very professionally
C

[TG Flatline]

[quote name='Beedster' timestamp='1365115037' post='2035700']
All sorted, NKRV/Rick dealt with it all very professionally
C
[/quote]

Glad to hear that!