Distance Selling Regulations & Recordable Media Items

[fabflora]

Last Sunday, a friend of mine made a purchase over the internet, the items included a personal video recorder, wireless receiver & 2 cameras. He has received the items but realised he no longer has use for them. He has e-mailed the company for a returns reference, but they have responded by saying:

"I'm afraid we are unable to refund the DVR recorders and recordable media devices"

Upon checking their returns policy, it states:

"We are unable to re-fund returned items for which the customer has been responsible for causing the following; damaged goods, missing parts, copyrighted software related items (a licensing agreement is entered into with the software/data provider) or recordable media items. "

The company has been advised that the items have not been unwrapped or used.

Is my friend entitled to a refund under the distance selling regulations, or does the wording of their returns policy make them exempt?

Thank you in advance to anybody who can advise.

[stumpy69er]

I know that Argos have a similar policy, as there is no way of checking whether your friend may have used the item, and uploaded something to the hard-drive or digital media, and then subsequently resealed the box.

Currys, on the other hand should have the same policy. My BIL recently purchased a laptop from them. Was told it was a returned product as it did not suit previous purchasers requirements. When he got it home, the system had been set up and password protected, meaning he could not use it at all.

If there is a security seal on the items he could try and argue it further, but it may be a long shot i'm afraid!

[grasscarp]

Six days later and "he realised he no longer has a use for them". What happened between buying them and less than a week later.