customer returns distance selling regulations

[gr9ce]

Distance Selling regulations allow for buyer change of mind returns (ebay are saying up to 14 days soon)
Is it still legal to insist that items are returned unopened and in resaleable condition and items like pierced earrings cannot be returned?

Currently we sell battery operated items (not 'those'! before anyone says..) that in theory can be removed from pack, used, draining some of the battery then returned. We tape up the package and insist they cannot be returned if seal is broken.

Similarly we sell some liquid products that could be opened, partly used and refilled with a bit of water by the unscrupulous. Many of these bottles do not have seals or seals that are broken when first opened. Could we refuse returns on these or have to create our own seal that reveals the product has been opened? Problem with this is on aromas if someone opens an aroma and doesn't like the smell in theory they should be able to return it?

Could perfume sellers run the risk of product contamination prior to return?

Buying without 'face-to-face' should involve some abillity to check the item to decide if suitable. Sometimes this is only possible by opening/undoing etc.

Is there a detailed list of exempt items a customer cannot routinely return unless faulty somewhere? Or am I over thinking this?:|

 

[ClubberLang]

It is not legal per se to insist items are unopened as consumers may have to open and item to look at the item.

I would say you are on dodgy ground if you are insisting the product cannot be opened - do you make that absolutely clear before the customer orders?

it may be reasonable to add restrictions - for exmaple with earrings you could put them in a clear plastic bag so consumers could look but not use

remember the DSR does not necessarily allow a person to use the product as if they owned it - merely to try it out. so you could refuse a refund if you could show that they had done more than just checked it out. though technically you would have to refund and sue for the money

DSR are extending to 14 days in the near future due to EU law change.

 

[gr9ce]

Thanks, I always remember the M&S signs saying underwear cannot be returned etc.

DSR's weight heavily against sellers but then they have had a lucrative time for a while. Enforcement is another matter.

As allways these rules assume buyers are always honest. Other sellers seem to insist on an unopened unused condition, will check some small print.