Harvey Norman 14 day Cooling Off

magoo84

Hi,

I bought a smartwatch online from Harvey Norman 10 days ago. It arrived 5 days ago and despite trying, I can't get it to work correctly with my phone, so I'd like to return it. Harvey Norman are telling me that it can only be returned if sealed in its original packaging, and that I would be issued a Harvey Norman voucher. My understanding as per EU distance selling legislation is that I have 14 days to return the item once it isn't damaged, so am wondering who in the right here?

Thanks

magoo84

https://www.boards.ie/discussion/comment/118374762#Comment_118374762

I think the "sealed" clause only applies to items that can't be returned for health/hygiene reasons, or digital media like software/DVDs etc - Consumer Cancellation – McMahon Legal Guide (mcmahonsolicitors.ie)

Otherwise, how can a customer check/inspect products for suitability, like they can if they went to a bricks and mortar shop, without unsealing it?

mondeoman72

Did it have a tamper proof seal?

Online Returns Exclusions

We are unable to offer a refund or an exchange under this policy on the following goods once they have been removed from their packaging in the interest of hygiene:, mattresses, pillows bedlinen, mattress toppers, duvets, headphones, headsets, haircare, menscare and electric blankets. Kitchen appliances where installation has already begun and Gift Cards.

In addition, any technology, Apple products, software DVDs, and CDs purchased with a tamper proof seal cannot be returned once this seal is broken. All technology products are covered for faults by our guarantee. The guarantee excludes faults caused by accident, physical damage, neglect, misuse, wear and tear or failure to follow the instructions.

We also recommend you immediately inspect any goods that we deliver to you or that you collect from one of our stores to ensure you are completely satisfied. If you have any questions about this policy, please contact our Online Customer Service Team at online.customerservice@ie.harveynorman.com

This returns policy only applies when you make a purchase online from our website.

Sheep Shagger

If you bought it to work with your phone and it doesn't turn it's not fit for purpose in terms of doing what it should. In saying that have you tried visiting a store to see if you can resolve the issue?

If that doesn't resolve the matter then ask to speak to a manager, often floor staff don't know what they are talking about when it comes to anything out of the ordinary.

the_syco

I bought a smartwatch online from Harvey Norman 10 days ago. It arrived 5 days ago and despite trying, I can't get it to work correctly with my phone

What's the make & model of the smartwatch & phone?

silver2020

https://www.boards.ie/discussion/comment/118375094#Comment_118375094

So if I bought an iwatch and it didn't work with a Sony phone then it's a retailer's fault?

Seriously?

I suspect that the op either did not check compatibility or can't read the instructions.

But they have zero right to return.

pleasant Co.

https://www.boards.ie/discussion/comment/118376399#Comment_118376399

Can you back that up?

distance selling predates online purchases, to a time when people ordered over the phone - usually from a catalog - and allowed them to order something with the safety of being able to return it if it wasn’t suitable, as far as I am aware it hasn’t been updated with specific restrictions but I’ll happy to be corrected - I know I’ve used the 14 cooling off period for online orders in the past without penalty but I typically don’t order from companies with poor after sales service, such as Harvey Norman.

silver2020

https://www.boards.ie/discussion/comment/118376445#Comment_118376445

I thought you had already read everything? Or maybe only read what suited you?

The legislation very clearly states that you should be only able to inspect the goods in the same way as you would in the store.

Eg, try on a dress - not wear it for a week first.

I do not know of any store that allows you open technology and start using it just to try it.

It's in black and white in the EU directive

pleasant Co.

https://www.boards.ie/discussion/comment/118376994#Comment_118376994

Can you provide a link to what you’re claiming?

silver2020

https://www.boards.ie/discussion/comment/118377124#Comment_118377124

There's a search engine called google (and there are others too)

I'm not going to hold your hands but if you make a tiny weeny bit of effort and look up "EU distance selling regulations" and it will come up. It really is not that difficult to do a very basic search and if the OP is going to quote something (or anyone else), then rather than make an eejit of themselves, read and understand the document you are relying on.

The OP says that its his/her understanding of the legislation, so I assume they have read it.

pleasant Co.

https://www.boards.ie/discussion/comment/118377154#Comment_118377154

No thank you, I won’t make any effort to verify your claim, that’s on you to do.

silver2020

https://www.boards.ie/discussion/comment/118377597#Comment_118377597

I'm not making a claim, I'm saying what it states in black and white in the EU official legislation.

If you can't be arsed checking it, don't ask the question in the first place.

magoo84

https://www.boards.ie/discussion/comment/118375058#Comment_118375058

They're arranging to take it back. It had a small clear sticker on it sealing the box. There was no way to buy in-store, only online, so no opportunity to inspect the goods in advance. How you're supposed to inspect goods upon delivery without unsealing the box is something I'd love to know, unless one has access to an X-ray machine.

magoo84

https://www.boards.ie/discussion/comment/118376399#Comment_118376399

That example is irrelevant to this post. It's a smartwatch supposed to be compatible with the phone I have. And yes, I can read instructions and check compatibility, but don't let that get in the way of posting a condescending, snarky response.

CoBo55

Loving the boards Christmas cheer🤩

Tis' all sweetness and light around here!!

magoo84

https://www.boards.ie/discussion/comment/118378269#Comment_118378269

I know right! Amazing how quickly it degenerates into passive-aggressiveness.

silver2020

https://www.boards.ie/discussion/comment/118378202#Comment_118378202

You stated that you have used it and tried to get it to work with your phone.

Under the 14 days cooling off period you do not have the right to return it.

However if it states that it is compatible with your phone and you can show that it is not compatible, then you can return it as unfit for use / faulty.

Totally different legislation

CoBo55

https://www.boards.ie/discussion/comment/118378468#Comment_118378468

Less passive, more aggressive...

skinny90

I tried purchasing a smartwatch in HN Galway and they had a cabinet of opened goods discounted. So their policy doesn't add up.