RE: [OT] Distance selling regs - opening an item for inspection?

["Mark McCall" <lists@xxxxxxxxxxxxxxxxxxx>]

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.


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