Release aid returns

inthemiddle

Active member
I just got a new release aid but find it too small for my hand. The retailer says I cant return it as the security seal is broken on the packaging. How do you test something if you can't take it out of the packet? I have to say I'm not impressed :confused:
 

bimble

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I'm assuming this isn't a UK retailer, because there are consumer rights when it comes to returning goods
 

KidCurry

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It's a tricky one. I don't think the Consumer Contracts Regs are that clear. They specify seals in relation to CDs, DVDs, Software and items specifically made to order, but I don't think they envisaged security seals on stuff that doesn't need security seals.
I think I would speak to Citizen's Advice as it may be considered an ‘unfair contract term’, although I think you may not be on solid ground here. Their useful contact page is...
Contact the consumer helpline - Citizens Advice

It does seem that trying archery products, to check they are correct for you, is becoming a thing of the past.
 

inthemiddle

Active member
It's a tricky one. I don't think the Consumer Contracts Regs are that clear. They specify seals in relation to CDs, DVDs, Software and items specifically made to order, but I don't think they envisaged security seals on stuff that doesn't need security seals.
I think I would speak to Citizen's Advice as it may be considered an ‘unfair contract term’, although I think you may not be on solid ground here. Their useful contact page is...
Contact the consumer helpline - Citizens Advice

It does seem that trying archery products, to check they are correct for you, is becoming a thing of the past.
Thanks for the input. As you say i reckon I'm stuck with it :(
 

Timid Toad

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I can see both sides: you need to check the size, but the retailer is going to gave trouble selling that on now as anything other than second/shopsoiled/returned, so they will make a loss.
This is where going to a bricks and mortar shop is your friend. You may pay a little more, but you will have the right item first time.
 

inthemiddle

Active member
I can see both sides: you need to check the size, but the retailer is going to gave trouble selling that on now as anything other than second/shopsoiled/returned, so they will make a loss.
This is where going to a bricks and mortar shop is your friend. You may pay a little more, but you will have the right item first time.
As the packet is sealed with security tape, in this case a shop visit would not help much. The Nearest archery shop to me that actually keeps anything in stock is a 2.5 hour drive away too.
 

KidCurry

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I suppose if you go to a shop it will be the retailer who has to make the decision to open the box. In this case it seems acceptable to open the box to check the size, security tape or not, which is why I think it may fall into the ‘unfair contract’ category. Citizens Advice will be able to tell you I think. They even have an online form if you, like me, hate talking to people on the phone :)
However, you may still have a hill to climb if the retailer is stubborn :(
 

4d4m

Active member
It seems pretty clear cut to me that it is not fit for the purpose intended.

Unless you had another reasonable way of knowing that the release aid would not fit your hand, (such as an online sizing guide such as you sometimes get for gloves or protective wearable equipment) it's entirely reasonable for you to want to return at as not fit for the purpose even if you have opened the packaging. There was no other way for you to find that out that it is no good for your purpose.

The only exceptions for sealed packaging are for audio, video and other digital media eg games. Hard goods liike a release aid don't have such an exception.

Have a read here
including the sections on buying on the web, and how to make 'em pay up.

The challenge is convincing the retailer of your rights and their responsibilities. It depends on your appetite for escalating it and the price you paid. Most people just don't want the hassle or confrontation. It seems to me there would be ground for small claims court if you wanted to take it all the way

Disclaimer: I have no legal qualifications and nothing in this post should be taken as legal advice, just consumer awareness.
 

KidCurry

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I've just checked the 'Buying Online' section of the link 4d4m posted above. It has the following section about opening the packaging...
Do I have to send it back in its original packaging?
It depends whether it was reasonable for you to open the packaging.

For example, if you're sending a toy back because it was the wrong colour, it would be reasonable for you to open the parcel and take it out of the bubble wrap, but it would not be reasonable for you to remove the toy from a sealed clear plastic bag as you would have been able to see it was the wrong colour without taking it out.
I would expect opening the package to check size is compulsory in this case.
 

inthemiddle

Active member
Thanks again for the input. There is no sign of any returns policy on the web site. I just assumed I coukld reurn it if it was not suited to me. Ill push them if I get no more help.
 

Geophys2

Active member
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The link comes up as Terms and conditions on my computer. If you go to their home page, and from the drop down menu click on 'Help', then a list there contains the 'Returns' page.

It does contain this paragraph.

'Warranty seals applied to any goods (eg. release aids) supplied by Alternative Services must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the goods will be deemed to have been accepted by the customer.'
 

inthemiddle

Active member
The link comes up as Terms and conditions on my computer. If you go to their home page, and from the drop down menu click on 'Help', then a list there contains the 'Returns' page.

It does contain this paragraph.

'Warranty seals applied to any goods (eg. release aids) supplied by Alternative Services must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the goods will be deemed to have been accepted by the customer.'
Ah that's not good then :( Thanks your input though
 
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