Warranty Rejected??

[davidcrofter]

Just had an email from Scan on an RMA I had outstanding and spent 10 minutes trying to reach you on the phone (seems to be constantly engaged).

Can you tell me what has happened here please - why has the warranty been rejected??

tia.

[Mark@SCAN]

Hi,

Having looked at the details it seems the RMA has been rejected due to the condition in which the unwanted item has been returned.

Unfortunately in order for us to refund unwanted item(S) the goods would need to be returned in the same condition as sold and the item in question has not.

Regards

[davidcrofter]

Yes spoke on the phone, original packaging has been torn and RMA has been rejected!!

Must have spent about half an hour trying to put this item (Xtreamer) back in its box and it kind of got the better of me .... just another shambles from Xtreamer when the original item is packed in so tight and only will fit back in its box if put in a certain way and a certain order - was like a jigsaw.

Oh well ... live and learn - guess you don't get too many people getting refunds on these then.

[davidcrofter]

Just been looking into this further and looked up the Distance Selling Regulations for more details on this torn packaging:

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.

So what from I can see then I think I SHOULD be getting a full refund ... can somebody from Scan please comment as I am guessing you should really be going by these DSR??

[wesleyaldred]

We are stating that you have breached your duty of care as you have not taken reasonable care of the goods whilst they were in your possession.

[davidcrofter]

What?? I thought the packaging was ripped in two places - that is what the girl on the phone told me yesterday and nothing about the actual product itself. So what exactly are you saying IS damaged then??

let me now
thanks
david.

[wesleyaldred]

The packaging returned is torn and therefore you have not taken reasonable care of the goods.

[Meaker]

I think the point he is trying to make is that the state of the packaging is not reason for refusing an RMA, the product itself must show signs of damage or neglect.

[wesleyaldred]

No, anything returned must be returned with reasonable care being used.

[davidcrofter]

No, anything returned must be returned with reasonable care being used.

Not according to the Distance Selling Regulations:

"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."

Seems that you are disregarding this to me as you are clearly stating that a refund has been refused because of torn packaging whereas the DSR which you need to go by (regardless of your T&C) clearly states otherwise.

[bytemaker]

davidcrofter: was the item defective/DOA? or did you just "decide you didn't want it"?

just trying to gauge what my level of sympathy and support for you should be here.

[dave87]

Actually - it should only be the OP and Scan posting in the thread - with occasional mod intervention excepted.

If he wants to raise questions outside of his dealings with Scan, then he is more than welcome to do so in the other areas of the forum, where comments/debate is actively encouraged.