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?