Wiggle Returns - Elite Trainer

Caligari_uk

Hi guys - do any of you know if WIggle would allow the return of a 'trainer' (an Elite Crono Fluid ElastoGel Trainer to be precise) that has been taken out of the box - set up - tried once - and then repackaged?

I know that their 'terms and conditions' state that that they won't accept anything that has been opened - but I've carefully repackaged everything. I've returned things like crash helmets (that you obviously have to unpackage to 'try out') so I'm hoping they'll be able to help me out.

I bought it without really checking to see if I had the space for it. Yes - that was rather stupid

DubaiNeil

All I can suggest is to email them and explain, as you have here, and see how you go.

Wiggle have been absolutely brilliant with me, where I returned an unused item where the packaging had been damaged (by my 18 month old son, looking for shiny things to play with) and they refunded the full amount without a problem.

Neil

Caligari_uk

Ah well - I've just received an E-mail from Wiggle stating that I can't return the item due to it having been used. Fair enough, I guess - but you'd have thought they may have been a little more lenient - especially after having used them for thousands of pounds worth of purchases over the last few years.

What do you guys recommend for 'getting rid' of the trainer? Ebay? Local ads?

redddraggon

Well under Distance Selling Regulations you have 7 days to return an order. And also under DSR you are allowed to examine the item, ie take it out out of the box.

http://www.oft.gov.uk/shared_oft/busine ... oft698.pdf

In theory Wiggle should allow the return of the item?

I'm no legal expert though.

redddraggon

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.

Caligari_uk

redddraggon wrote:

Well under Distance Selling Regulations you have 7 days to return an order. And also under DSR you are allowed to examine the item, ie take it out out of the box.

http://www.oft.gov.uk/shared_oft/busine ... oft698.pdf

In theory Wiggle should allow the return of the item?

I'm no legal expert though.

Thanks RD!

I've used that in my E-mailed response.

I don't want to kick up too much of a fuss, as I'd obviously read their terms and conditions before opening the item - but it's still worth a try.

TommyEss

My 2 penneth...

Opening to examine (e.g. try on an item of clothing) is a bit different to setting up and using, then wanting to return it.

If you've used it, then Wiggle can't really sell it as a new item, can they? Whack it up on the classifieds with a link to this post and I'm sure you'll get pretty close to the rrp.

redddraggon

TommyEss wrote:

Opening to examine (e.g. try on an item of clothing) is a bit different to setting up and using, then wanting to return it.

Distance Selling Regulations wrote:

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

Tempestas

redddraggon wrote:

TommyEss wrote:

Opening to examine (e.g. try on an item of clothing) is a bit different to setting up and using, then wanting to return it.

Distance Selling Regulations wrote:

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

If it is totally unmarked then it shouldn't be a problem to return, but if it is marked and shows signs of use you cannot really expect them to accept it back.

Redddragon, would you like to receive a used/marked item?

My advice would be to clean it and then send them a photo, I have found Wiggle to be good to deal with and a compromise can usually be met if you remain polite and reasonable.

TommyEss

Ah-ha...

Hadn't read that bit!

Well in that case, I'd be tempted to agree with the dragon!

Good luck with it all!

redddraggon

Tempestas wrote:

Redddragon, would you like to receive a used/marked item?

Nope. But retail is definitely not my thing anyway, too much hassle. I'm just trying to stick to fact rather than opinion though, and tell the OP what his legal rights are. The law's a bitch, but I think that it applies in this case

I reckon though the item is pretty much damage or blemish free, and if the item is repackaged properly and rubber residue is removed from the roller bit, no one would know it had already been used anyway.

Tempestas

redddraggon wrote:

Tempestas wrote:

Redddragon, would you like to receive a used/marked item?

Nope. But retail is definitely not my thing anyway, too much hassle. I'm just trying to stick to fact rather than opinion though, and tell the OP what his legal rights are. The law's a *****, but I think that it applies in this case

I reckon though the item is pretty much damage or blemish free, and if the item is repackaged properly and rubber residue is removed from the roller bit, no one would know it had already been used anyway.

I totally agree, if it's been used once it should clean up like new and shouldn't be a problem.

Caligari_uk

Thanks guys - I'm really grateful for all of the help.

I contacted Wiggle again and mentioned the Distance Regulations law - and all of a sudden they were only too willing to help me out.

The item really is still in mint condition, so I'm hoping they won't kick up too much of a fuss.

gsk82

easiest thing to do wouldv've been to not tell them you'd used it, doh!