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Advice on Camera Return Issue

R

Robby

pfm Member
I am not sure if I should post this in the Off Topic section but thought I would post here first.

I am having major issues in getting the Nikon Z6ii/24-70 lens back to the company I bought it from - Nextdaydeal - and wondered if anyone has had similar issues in the past and can offer advice on how to resolve.

Quick timeline of events:

4th May - order camera/lens from Nextdaydeal
5th May - camera arrives
7th May - after trying the camera out a couple of times I realise that it is not for me and so I email Nextdaydeal as per their website instructions to get a return address and authorisation
12th May - nothing heard back from Nextdaydeal so email them. They state return processing take 5-7 days to be processed and should wait to hear back from their returns department
17th May - as 7 working days from original return request has elapsed I chase up for a reply. No response
18th May - another email reminder - no response
19th May - emailed earlier this morning and they are now telling me that as I have used the camera (85 actuations) they will not take it back for a refund. They are saying that the camera is "used" and cannot now be sold on by them. If I send it back to them they will reduce the value of the camera at their discretion (up to 25%) and make an offer of what they wish to refund.

Anyone been through a similar situation - any suggestions on how I might resolve it?

Incidentally, I used PayPal for the purchase but looking at their website the problem I am having doesn't seem to be covered by their resolution centre.
 
The way that I read the Consumer Contracts Regulations is that you are entitled to a full refund. 85 actuations is not unreasonable.

Consumer Contracts Regulations - Which?

Your right to a refund

You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.

If the retailer has offered to collect the goods, it should refund you 14 days from the date you informed it you wanted to cancel the contract. So, this means you don't have to wait for the retailer to have collected the goods to get your refund.

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.
 
Bananahead said:
The way that I read the Consumer Contracts Regulations is that you are entitled to a full refund. 85 actuations is not unreasonable.

Consumer Contracts Regulations - Which?

Your right to a refund

You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.

If the retailer has offered to collect the goods, it should refund you 14 days from the date you informed it you wanted to cancel the contract. So, this means you don't have to wait for the retailer to have collected the goods to get your refund.

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.
Click to expand...

Thanks for the reply.

I read the same article but I think it will come down to whether 85 actuations is seen as reasonable or not. I thought I would look at a couple of other camera shops and see what their T&C's are. For example this is Clifton Cameras:

  • 4.3 Where Clifton Cameras have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to Clifton Cameras. Clifton Cameras will only accept returned goods complete with their original packaging and which do not exhibit any signs of wear or tear. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery, in accordance with the Consumer Contracts Regulations 2013, will invalidate your right to cancel the contract or may be subject to a restocking fee. When evaluating cameras you agree to keep shutter actuations (pictures taken) to an absolute minimum. As shutter actuations are measurable, products with excessive actuations are not considered to be new. We deem that an excess of 30 shutter actuations is beyond that needed to fairly inspect goods during your cooling off period and in such circumstances, reserve the right to apply a restocking fee.
As you can see they deem 30 as reasonable.

WEX state:
  • Your item is complete and in 'as new' saleable condition:
    • If you have opened the box to examine the product you must have done so without damaging or marking the product or packaging
    • You haven't used the item
    • The item contains no personal data and hasn't been registered to a user
All the others I have looked at are similar to WEX in that the camera must be unused in order to get a refund.

I think this is going to be a circular argument with Nextdaydeal as to whether 85 actuations is reasonable to assess the camera the same as I would have been able to do in a shop.
 
Are cameras excluded from the right under distance selling to return the good for any reason within 28 days as long as the vendor was informed within 14 days?


If not threaten them with court action.
 
Bob McC said:
Are cameras excluded from the right under distance selling to return the good for any reason within 28 days as long as the vendor was informed within 14 days?


If not threaten them with court action.
Click to expand...

I get where you are coming from but under the it states in the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

Right to cancel
29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—

(a)regulation 34(3) (where enhanced delivery chosen by consumer);

(b)regulation 34(9) (where value of goods diminished by consumer handling);

(c)regulation 35(5) (where goods returned by consumer);

(d)regulation 36(4) (where consumer requests early supply of service).

(2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.

(3) Paragraph (1) does not affect the consumer’s right to withdraw an offer made by the consumer to enter into a distance or off-premises contract, at any time before the contract is entered into, without giving any reason and without incurring any liability.

The company are arguing that as I have used the camera it's value is diminished and thus they are under no obligation to take it back without reducing the refund amount for "restocking".
 
I had a similar situation with camera gear...I won't go into it, but you will not win..my advice is to claw back as much of your two grand as possible and chalk it up to experience...If you take them to court, you'll get stuffed with costs too...I don't agree with what they are doing, but the camera has been used, and they've got you by the short and curlies....the longer you wait, the more depreciation and you'll get less...it stings like hell, I know, but take the hit...25% is a big hit too..make sure you get that in writing, before you return the gear....then just give them bad press via social media, not forgetting all the review sites..it will not get you what you want, but it will hurt their company financially....tossers..
 
mad-moon said:
I had a similar situation with camera gear...I won't go into it, but you will not win..my advice is to claw back as much of your two grand as possible and chalk it up to experience...If you take them to court, you'll get stuffed with costs too...I don't agree with what they are doing, but the camera has been used, and they've got you by the short and curlies....the longer you wait, the more depreciation and you'll get less...it stings like hell, I know, but take the hit...25% is a big hit too..make sure you get that in writing, before you return the gear....then just give them bad press via social media, not forgetting all the review sites..it will not get you what you want, but it will hurt their company financially....tossers..
Click to expand...

I think you are probably right on this. I had an online chat with Citizens Advice and there view was the company should have put it in writing with regards their return Policy when buying the camera and I could insist they take it back on the basis of this. I could go down the company's complaints procedure - but they don't have one.

I could also go down the route of using a Certified Alternative Dispute Resolution scheme if the Nextdaydeal would be willing to do which I very much doubt.

I will try one last push back and but will probably end up keeping the camera - almost £600 is a lot to lose on a camera overnight!
 
If you bought a camera as brand new and found it had 85 actuations how would you feel about it?
 
In my experience you won’t win. You’ll have a load of hassle and end up out of pocket.

while I have not experienced the Z6 or Z7 I am curious to know why you think the Z7 will be better for you?
 
if they are as clueless as they seem in the preview thread, you might find a small claims court letter might make them cough up. Or recorded delivery letters saying this is your intent, this is letter one of three, two of three etc.
Again, just shooting off my mouth from the hip here, but aren't consumer rights different for internet sales and don't you have 14 days to cancel the sale without reason?
 
Robby said:
I think you are probably right on this. I had an online chat with Citizens Advice and there view was the company should have put it in writing with regards their return Policy when buying the camera and I could insist they take it back on the basis of this. I could go down the company's complaints procedure - but they don't have one.

I could also go down the route of using a Certified Alternative Dispute Resolution scheme if the Nextdaydeal would be willing to do which I very much doubt.

I will try one last push back and but will probably end up keeping the camera - almost £600 is a lot to lose on a camera overnight!
Click to expand...
If you win a small claims court action you will have all costs awarded to you.
 
Robby said:
Thanks for the reply.

I read the same article but I think it will come down to whether 85 actuations is seen as reasonable or not. I thought I would look at a couple of other camera shops and see what their T&C's are. For example this is Clifton Cameras:

  • 4.3 Where Clifton Cameras have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to Clifton Cameras. Clifton Cameras will only accept returned goods complete with their original packaging and which do not exhibit any signs of wear or tear. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery, in accordance with the Consumer Contracts Regulations 2013, will invalidate your right to cancel the contract or may be subject to a restocking fee. When evaluating cameras you agree to keep shutter actuations (pictures taken) to an absolute minimum. As shutter actuations are measurable, products with excessive actuations are not considered to be new. We deem that an excess of 30 shutter actuations is beyond that needed to fairly inspect goods during your cooling off period and in such circumstances, reserve the right to apply a restocking fee.
As you can see they deem 30 as reasonable.

WEX state:
  • Your item is complete and in 'as new' saleable condition:
    • If you have opened the box to examine the product you must have done so without damaging or marking the product or packaging
    • You haven't used the item
    • The item contains no personal data and hasn't been registered to a user
All the others I have looked at are similar to WEX in that the camera must be unused in order to get a refund.

I think this is going to be a circular argument with Nextdaydeal as to whether 85 actuations is reasonable to assess the camera the same as I would have been able to do in a shop.
Click to expand...

well those T and Cs are nonsense too.
You are not required to return goods in the original packaging.

see “how to return items” in;
https://www.citizensadvice.org.uk/c...nging-your-mind-about-something-youve-bought/
 
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