RE: [OT] Distance selling regs - opening an item for inspection?

["Paul Gale" <groups2@xxxxxxxxxxxxxxxx>]

Thanks Mark.

Paul.



> -----Original Message-----
> From: ukha_d@xxxxxxx [mailto:ukha_d@xxxxxxx] On Behalf
> Of Mark McCall
> Sent: 26 May 2008 16:13
> To: ukha_d@xxxxxxx
> Subject: RE: [ukha_d] [OT] Distance selling regs - opening an item for
> inspection?
>
> 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.
>
>
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__________ Information from ESET NOD32 Antivirus, version of virus
signature database 3132 (20080526) __________

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