Unable to return an opened item to Very.ie - What are my options?

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TestLink

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I recently bought a 32" monitor from very.ie with a privce of around 275 euro but not satisfied with the quality. When I contacted very.ie customer support they told me that since I opened the item I wont be able to return the item. I received the item 8 days back. They say the below on their website.

To make a return using Parcel Connect​

  • Returns to Very are FREE under our 28 day Approval Guarantee.
  • It's easy to make your return, simply tick the box on the bottom of the advice note to indicate which item(s) you are returning. Fix the label to your parcel and drop it off at your nearest participating Parcel Connect convenience store.
  • To find a participating store near you go to Parcel Connect
  • If your parcel is over 20kg in weight or 1.5 metres in length, please phone us on 1800 811 222 and we will arrange to collect the item from you for FREE, as it will be too big to process at a Parcel Connect store.
  • It’s important to retain your proof of return or take a photo of your receipt, as this can be used to track your parcel.
Am I legally allowed to return the item as per Irish consumer protection laws? I had no issues with returning items to Currys, Amazon Uk, Amazon Germany etc. Very bad experience from "Very". Any one had any similar experience with Very.ie? Never again I will purchase anything from them.
 
Sounds like you should be able to return it within the 14 day cooling off period.

Your online shopping rights

You have strong consumer righrs when you shop online. Find out more about your online shopping rights.
www.citizensinformation.ie

Guarantees, cancelling and returning your purchases - Your Europe

How to claim the 2-year guarantee for EU purchases, get a repair, replacement or refund, how to cancel orders made outside shops (online, by phone, mail order).
europa.eu

Consumer's Rights - Buying Online - CCPC

Consumer rights when shopping online and distance selling
www.ccpc.ie
Maybe point this out to them and see if they change their tune?
 
FWIW
https://www.very.ie/help/en/terms-and-conditions.page
 
ClubMan said:
FWIW
https://www.very.ie/help/en/terms-and-conditions.page
Click to expand...

I cant see anywhere on their website that they mention that any opened product cannot be returned! But the customer support person told me that if opened it cant be returned. So shall I contact CCPC.ie ?
 
TestLink said:
So shall I contact CCPC.ie ?
Click to expand...
If it was me I'd query the issue with Very first and point it the rights in the links that I posted above and in their own terms and conditions. I doubt that the CCPC would be any use at all anyway. They'll most likely just repeat what I've said above.
 
I'm not sure I understand some of the above.

To establish if the item is of merchantable quality, as described, or fit for purpose, you must open the package, DOH!! The alternative is sit looking at a sealed box.

Where does it say in any of VERY's pre-sales literature that they don't accept return of items whose packaging has been opened?

Seems rather mad.
 
@ mathepac. I totally agree with you. I remember being in a large retail store and a lady in front of me had purchased a digital camera a few hours earlier and had a receipt with her and she was returning it as it was not working and the sales assistant said they could not do anything about it as the packaging was opened
The lady was on the point of accepting it and I got involved and caused a bit of a nuisance of myself and eventually when a supervisor arrived they conceded and gave her a replacement and they were forced to check that the replacement was working.
I left and purchased my items elsewhere.
 
Who said they were not of merchantable quality. ? OP is disappointed with the product. Not faulty. A very different issue
 
JoeRoberts said:
Who said they were not of merchantable quality. ? OP is disappointed with the product. Not faulty. A very different issue
Click to expand...
That's neither here nor there? The statutory 14 day cooling off period for online/distance selling still applies. Not to mention Very's own 28 day return policy which doesn't exclude items that have been opened.
 
By your logic I can order a jumper online, open it,wear it for 2 weeks then return it . Mad. And not the intention behind the cooling off period which essentially protects against rash purchases.
 
JoeRoberts said:
Who said they were not of merchantable quality. ? OP is disappointed with the product. Not faulty. A very different issue
Click to expand...
No one, To establish whether the item is as described or suitable for purpose or meets or fails to satisfy any other pre-sales contractual condition, you've got to open the box. And plug the monitor in, both to a power supply and a computer gizmo. And put pictures on it, like them there graphics things like they say. Simplez.
 
There's three possible bases for returning the goods:

1. They're faulty, not fit for purpose, don't match description, etc. This one doesn't apply because the goods aren't faulty, etc. But, if it did apply, the seller certainly couldn't refuse to take the goods back because the box had been opened.

2. The "28-day approval guarantee" offered by the retailer. We haven't seen the terms of the guarantee. It may well say that, to avail of the guaranteee, you have to return the goods in the unopened box. Let's assume it does say that.

3. So that leaves only the statutory right to cancel that applies in all distance sales. You have 14 days from delivery to exercise this right, by giving unequivocal notice to the seller that you wish to do so. You have to take reasonable care of the goods while you have them, and you have to return them "without undue delay", and in any event within 14 days of having exercised your right to cancel. With limited exceptions, you bear the cost of return. You are liable for any diminished value of the goods that results from handling "beyond that necessary to establish their nature, characteristics and function".

So, was it necessary to open the box in order to establish the nature, characteristics and functioning of the goods? Possibly not — its nature (a 32" monitor) was already known; the salient characteristics like technical specifications were likely printed on the packaging or stated on the website where the product was altered, and of course the OP presumably knew all along what the function of a monitor is.

I think what the OP needs to do is to point to some aspect of the nature, characteristics and function of the monitor that he couldn't have known without opening the box, and that was material to his decision to cancel the contract of sale.

If he can't, he's still entitled to return the goods and get his money back, but he suffers a deduction for the "diminution in value". Assuming the monitor is unsaleable as a new item in already-opened packaging, the diminution in value would be (a) the cost of repackaging the monitor, if that is practically possible for the retailer, which it may not be, or (b) the difference between what this monitor would sell for as a new item and what it will sell for as a second-hand item.
 
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