MarkO

Hi all. Quick legal question for you...

My wife bought me a wireless weather monitor thingy for my birthday, which we received yesterday.

However, the wireless sensors are claimed to have a range of 30m, and our greenhouse (in which two of the sensors will live) is almost exactly 30m from the location in the house where the base station will live. Unfortunately, it appears that whilst the sensors are in range (if I stand just outside the kitchen door with the base station they work) the house wall is too thick for them to penetrate at that distance, meaning the signals aren't being received.

Anyway, there are two options available to solve the problem; either buy a wireless repeater for the sensors, extending their range to 100m, or swap the entire unit for this one which is slightly more expensive but still cheaper than buying the repeaters) but does basically the same thing, with longer-range sensors.

Now, the company I bought the original unit from tells me that I could return it within 7 days for a refund/credit, but only if it's unused. Obviously, I've only used it briefly - long enough to find out it doesn't work for me - and would return it in the original packaging, etc., as new. Question is, do I have any rights to exchange the unit, or am scuppered 'cos although it's not working for me it is still working as intended?!

Geezer

Depends on whether the docs state that 30m range is thru walls or line of sight. I have one that clearly states the difference between using it inside your house or using it outside with no obstructions at all. There is quite a difference.

If it says the range is 30m thru walls, and you accurately measure the distance you claim it is not working over to be less than 30m, then the good are not not fit for purpose and must be accepted by the retailer.

Geezer

MarkO

Nah, unfortunately, it's 30m full-stop. Looks like I'm buggered then - wireless repeaters it is.

jaycee

Distance selling rules mean you can send it back for any reason as you didn't have chance to inspect it properly before purchasing. The rules on this are very strict and they cannot refuse you a refund. I will find you a link with the full info.


Jason

jaycee

Here you go.

http://www.publictechnology.net/modu...rticle&sid=712

Point 42.5 c on this one clearly state your rights to a full refund.
http://www.asa.org.uk/the_codes/show...clause_id=1653

Jason

MarkO

Ah, cool. So as you say, it's not unreasonable to try the product first before returning it. Excellent - it'll give me a little bargaining power to see about swapping the unit.

Thanks Jason, very useful indeed.

ozzy

A lot of products come in shrink-wrap or even plastic packing that is glued/melted together. You can't try these without breaking the packing

I've noticed that some suppliers state in their terms that returns are only accepted in the original unopened packaging.

Do the distance selling rules override the suppliers own conditions?

Stefan

jaycee

Yes, all (except for things like food etc.) mail order suppliers have to stick to the rules as a minimum but are allowed to offer better terms if they feel the need to.

Jason

MarkO

Here's what the company said when I pointed out the clauses above:
Strikes me as cobblers really. They seem to think that somehow the cancellation/return thing is relevant to the next sale of those particular goods to another customer, which I can't see at all.

Thankfully, they've agreed that it would be churlish to argue the toss, so have agreed to return the system so I can purchase another similar unit with a longer range.