Distance Selling Regulations

[divine]

I'm really looking for clarification on how these can be used.

Basically, guy on a tech forum bought an incompatible CPU and motherboard, which he only realised after he had installed (it was a S775 but with a chipset that doesn't support 45nm chips at all) and the advice given was to send one or the other back under the DSR.

Now, he got the return processed with eBuyer without a fuss, though obviously this could just be them being helpful.

Originally Posted by OFT

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 wouldin 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.

Now, some people were saying that as long as the 'reasonable care' clause was met, all was well and if needed you could fight a company all the way to force them to take a return under the DSR.

I disagreed as I feel opening and using a motherboard and CPU, goes beyond the 'as they would in a shop' clause, being that you cant go into PC World for example and start using the components before deciding whether to buy them.

Who would be right?