The exception(s) to the DSR's are listed in the link below, there is only mention of unsealed software as can be reasonably expected but there is no reference to hardware. Therefore if you consider a graphics card to be hardware or even a computer component (which it is both), then there is no reason whatsoever why you should not be able to return it as permitted within the same 7 day timeframe as clearly prescribed by law.

http://www.out-law.com/page-430#Exceptions

As to the issue of whether they consider it has been used, I believe they would have to produce firm irrefutable evidence to substantiate their belief, rather than just relying on the fact you had to remove it (which is to be expected) from the packaging to inspect it.

The act you have performed is one of the understandable main reasons why the DSR's were formed and was intended to address, mainly to enable a reasonable period in which to examine whether the goods were suitable. Often this was due to poor descriptions given over a distance, the lack of opportunity by the buyer to physically inspect at point of sale, or the lack of attention sometimes provided by suppliers and of course a reasonable time to facilitate the return if for any reason the goods were found to be unsatisfactory.

it is within the 7 days, I'm trying to do a DSR return

the bag was black and almost impossible to see through - maplin usually have a "shop display" version out in the open of most things they sell, and PC World have previously broken a seal on a box and inner packaging for a CPU cooler to show it to me in the shop and then stuck it back on the shelf when I ascertained that it didn't have the right set of clips in the box for my motherboard...

I believe under DSR's for graphics card, you would have 7 days cooling period, to return the card for any reason to obtain a full refund. You would be entitled to examine the item to make sure it was suitable for your needs. I suspect that they will say that the graphics card was in a sealed clear bag. You therefore did not need to open the bag to examine the item. If you were in a shop, you would not have opened the sealed bag.

After 7 days if the card was not faulty and it was not miss sold to you in any way, then I cannot see a way of demanding a refund. If the online retailer gave you wrong information in their advertising and you found the item was not fit for purpose, then you can obtain a refund.

Your local Trading Standards office may be able to help, if your complaint to the online company proves difficult.

Hi guys,

I have a query regarding the distance selling regulations and computer components, as the OFT guidance and the law specifically are slightly grey in the middle regarding my issue.

I bought a graphics card from an online retailer. Their terms and conditions state that I have to return the item in an "as new" condition and that I cannot have installed or used the item to return it under DSR. The only basis they have for refusing my refund is that they suspect I used the item as the seal on the packaging is broken. This is hardware, not software, so it's not like they are claiming I copied the software and sent it back - the card works but I had opened the package so they are saying it is not "as new".

I was under the impression that they can't demand that the item is "as new" and that they had to refund me and then if they think I damaged the item they had to persue me for damages as a seperate issue?

The grey area I'm talking about is that the DSR's say that I can open and inspect the item - arguably even if I had installed the item in my PC and then decided to return it, all I've done is inspect it, I haven't inherently damaged the item by briefly using it, however the retailer is saying that if the item has been used they are under no obligation to refund my money and that they are going to re-send the item to me at MY expense.

Does anyone have any advice to offer?