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Company refusing to refund as not in original packaging

19 replies

Iwishicouldflyhigh · 07/11/2023 10:39

Hello, wonder if someone can help me here.

I bought some blankets from a company and when they arrived, they were in a vacuum packed bag (literally that was the packaging they were in a bag and NOT then a box - just the bag). Obviously we had to cut the bag to get the blankets out. The blankets were horrid and cheap and so i decided to send them back. I obviously couldn't use the original packaging as we'd had to cut it to get the blankets out, so we used black sacks and sent them back and the company are refusing to reimburse as as they weren't returned in the original packaging (they are not damaged at all).

We bought through PayPal.

Surely this cannot be right?

OP posts:
TheOneWhereWeDontGiveAPhuck · 07/11/2023 11:23

Returns need to be in original packaging if you just decided you don't like them. Surely you still had the packaging? Obviously you wouldn't be able to vacuum them again but the packaging must have been there?

Mudflaps · 07/11/2023 12:01

Raise it with PayPal, explain that the original packaging had to be cut to examine the items and was impossible to reuse. If its not possible to comply with the sellers complaint surely they cannot use it as a reason to refuse a refund.

sweeneytoddsrazor · 07/11/2023 12:10

It has to be in the unopened original packaging if you change your mind because of hygiene reasons I imagine. If it is faulty thats different.

Isheabastard · 07/11/2023 12:15

I’m not sure what the law is, but I have got to the stage in life where I keep all boxes for a minimum of 30 days, and try and open packages without causing too much damage. This way you can always return the packaging.

I also inspect stuff straight after I receive it (my ex once didn’t open something for months and when he did, the item was broken). I’ve also started taking photos of any dented boxes before opening. You live and learn.

If the time between receiving the item and returning it is very short that is in your favour. If you still happed the ripped packaging, can you photograph that to send them?

A lot of companies will try it on, you have to be persistent. The law pertaining used to be called The Sale Of Goods Act.

Iwishicouldflyhigh · 07/11/2023 12:31

TheOneWhereWeDontGiveAPhuck · 07/11/2023 11:23

Returns need to be in original packaging if you just decided you don't like them. Surely you still had the packaging? Obviously you wouldn't be able to vacuum them again but the packaging must have been there?

So the cellophane packaging - i returned that. You had to rip the cellophane to get to the blanket (and then i realised it was total shit quality). So we put the blankets back in the ripped cellophane.

But the external vacumn packed bag, no, i didn't return that.

OP posts:
Alargeoneplease89 · 07/11/2023 12:33

Raise it with PayPal, what store was it?

heetud · 07/11/2023 12:37

My understanding is you have a right to change your mind when you've bought something online (not the same when bought in store) but how could you know without cutting the bag?

MonumentalLentil · 07/11/2023 12:46

Could you raise a case with PayPal?

I have always been wary of destroying packaging for this reason, and I keep it until I am positive I want to keep the item, which includes any washing/using until it seems unlikely to break or shrink or whatever. Even damaged packaging gets kept and if needed I stick it together and put it inside something else to return.

LakeTiticaca · 07/11/2023 12:48

Tell them you will report to trading standards for selling substandard goods

prescribingmum · 07/11/2023 12:49

Raise it with Paypal as the item not being as described/not fit for purpose. They are pretty good where there is a problem with the product

AdoraBell · 07/11/2023 12:51

Raise it with PayPal and in future just use the original packaging, use tape to seal it.

andweallsingalong · 07/11/2023 13:18

Assuming you bought from a UK company the distance selling regs along you to examine the goods (even if that destroys the packaging) before deciding whether to keep or return.

Often companies put that you must return in original packaging, because that makes resale easier, but that doesn't over rule DSR unless they can argue that there is no benefit to opening the packaging eg a battery in clear packaging. However in your case you would need to open to feel the quality which you are entitled to do. Unless bought outside the UK where their own rules / PayPal rules will apply.

coldcallerbaiter · 07/11/2023 20:22

How do you see the size or thickness or quality without taking it out of the package? It should be returned unused but they will need to repackage it.

You should just return them and keep a copy of the tracking.

I got some lovely blankets recently and I was able to look at them first before I kept them, their customer services were great as well.

coldcallerbaiter · 07/11/2023 20:26

andweallsingalong · 07/11/2023 13:18

Assuming you bought from a UK company the distance selling regs along you to examine the goods (even if that destroys the packaging) before deciding whether to keep or return.

Often companies put that you must return in original packaging, because that makes resale easier, but that doesn't over rule DSR unless they can argue that there is no benefit to opening the packaging eg a battery in clear packaging. However in your case you would need to open to feel the quality which you are entitled to do. Unless bought outside the UK where their own rules / PayPal rules will apply.

This, Has to be a UK company to fall under distance selling regs. Mine were from a Uk company literally called the British blanket Co

waitholdup · 07/11/2023 20:43

sweeneytoddsrazor · 07/11/2023 12:10

It has to be in the unopened original packaging if you change your mind because of hygiene reasons I imagine. If it is faulty thats different.

But the item was not as described (I imagine the advert didn't say cheap as shit quality)

TheCave · 07/11/2023 22:19

Some incorrect advice here which isn't what the law says. Did you tell them you wanted to get a refund within 14 days of receiving the blanket, and/or that the blanket was poor quality? If so you are entitled to a refund by law. Damaging or not returning generic packaging is not a reason to deny a full refund.

DelilahBucket · 07/11/2023 23:14

Don't quote the distance selling regulations at them as they are no longer in force.
Under the Consumer Contract Regulations 2013 you are entitled to inspect goods in the same manner as you would in a shop. If that means opening packaging then you do that. That is sufficient for you to claim a refund. I don't think you can say it wasn't as described.
That is all assuming you have purchased from a UK or EU company and you are also based in one of those places.
You may need to get PayPal to enforce the refund. Give them a call, they are usually very helpful.

meatbaseddessert · 08/11/2023 04:17

@TheCave and @DelilahBucket have given you spot on advice.

The rest of the advice here is generally either incorrect, has no basis in law, part invented or quotes legislation that hasn't been in force for 10 years. Seriously what arrogance to come and provide advice with no knowledge whatsoever and some even telling off the OP for not faffing around with the original cellophane.

There's even a post that starts with 'I don't know what the law is but' Hmm

Iwishicouldflyhigh · 26/05/2024 19:11

Hello All, just a quick update post.

I bought through my Virgin CC (through PayPal if you know what i mean) and so i raised it with Virgin. They temporarily credited me whilst they took it up withe company who eventually (last week) agreed with my claim.

yay!

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