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Pilfer proof packing and Consumer Rights?

D

drdel

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Aug 28, 2013
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Its a bit quite around here so here's a question out of idle interest.

T'other day we bought a 64gb Micro SD card for a mobile phone from a 'high street' retailer. It came nicely and securely sealed in a thick plastic package together with a 'free' USB reader. Now these things can run up to £100 for the large capacity devices so not exactly a throw away purchase.

The retailer's receipt states that their 30day 'replace or refund' deal requires that the items must be returned in " as new (unused and resaleable) including all packaging, instructions and accessories..."

Buried in their Ts&Cs among the list they specifically exclude....
"Products with recordable memory... that have been opened, used or had their seals broken."

Now since there is no visible way of detecting a faulty item in its ' heat sealed pilfer proof packaging' one must break the seal to get at the SD card.

Obviously these things aren't 'repairable' so replacement or refund would be the only possible solution! But the act of opening the package clearly seems to breach their terms.

Can they do that?
 
I would suggest that the T&C's statement probably applies to actual tampering with the item, rather than removing it from it's transport packaging.
I dont see any court in the land upholding the clause any other way.
 
It is simple.

Sale of Goods Act require the item to be usable for the expected period of it's life. Ie it must not breakdown in what would be considered a reasonable period for a particular item dependent upon what the item actually is.


Sale of goods Act trumps a seller terms and conditions.
 
eh? if it's faulty you send it back . no need for original packaging
 
The sellers terms refer to a no quibble money back guarantee which would cover change of mind, wrong item bought etc. Under SOGA you are not entitled to a refund in those circumstances

SOGA only covers items that are not of merchantable quality.
 
Thanks

Trouble at my age is that I cannot keep up with all the name changes for what is basically the same thing. Civil Servants just trying to find a reason for their existence is how I view it.
 
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