Some help needed - Distance Selling Act

Wondering if anyone can help clear this situation:


I have just purchased a projector from Dabs, and after opening the box and removing the projector it's now clear that I wont be able to use the projector due to the ceiling being too low in the room.


Due to the fact that the box has been opened and the product removed, cables being taken out of plastic sleeve ( and tested for 2 minutes but that isn't really noticeable ) does this mean the Distance Selling Act does not apply to returning the item within 7 days?

The companys returns FAQ states :


Goods unwanted within 7 working days from delivery.
Please use this option to return products that are not faulty or damaged but are being returned because you have changed your mind within 7 days. It is expected that these goods are un-used and will be in a re-saleable condition.

Quote:

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The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.

If a consumer cancels an order, written notice must be given to you by:

goods – seven working days from the day after that on which the goods are received by the consumer;
services – seven working days from the day after that on which the consumer agrees to go ahead with the contract.
If you fail to provide consumers with written confirmation of all the required information, then the cancellation periods can be extended up to a maximum of three months and seven working days. If the missing information is provided during this time, then the cancellation period ends seven working days beginning with the day after the full written confirmation is received by the consumer.

Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.

You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.

If payment for the goods or services is under a related credit agreement, the consumer's cancellation notice also has the effect of cancelling the credit agreement.

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The key word being un conditional.

If I read that correctly then they can charge a restocking fee or return postage (does this have to be in the original agreement?) and you can send the stuff back.

As I understand it, you can cancel for any reason at all, and you are entitled to examine the goods before doing so. From the DTI Factsheet:

Quote:

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Consumers have a cooling off period in which they can withdraw from the contract for any reason.

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and

Quote:

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The right to cancel allows the consumer time to examine the goods or services, as they would have when buying in a shop.

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i'd say you'd be fine..

Can't you use a shortened ceiling mount ?

eBay it?

READ THIS - shuold help a bit.

my 2p: If the projector is still in mint condition (i.e. you didn't scratch it or smash the bulb or something) then it is in "re-saleable condition" as specified by that quote you gave at the top. You should be fine - Phone dabs and talk to them, be assertive, you should be okay.