Thank you to my new friends here--and prolly farewell, too

Started Jul 5, 2013 | Discussions thread
Per Baekgaard
Contributing MemberPosts: 860Gear list
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Re: Of course, if you say so...
In reply to olyflyer, Jul 7, 2013

olyflyer wrote:

I buy my gear in Sweden, where I live, so it is not likely you ever buy from "my" shop anyway, but here is the link to it:

http://www.scandinavianphoto.se/

Excellent service, knowledgeable people, no return policy unless the box is unopened and the gear is unused. They are doing just fine without you, one of the largest camera shop in Scandinavia.

I have no grips with scandinavianphoto.se -- just using them as an example of EU legislation -- but I want to to point out that their return policy states this:

"Du har som privatperson rätt att ångra ditt köp. Denna ångerrätt gäller i 14 dagar från den dag då du har fått varan eller en väsentlig del av den. Varan skall returneras i väsentligen oförändrat skick."

It says "the goods shall be returned in substantially unchanged condition".

Now, here in a neighbouring EU country, the way this is legally interpreted is NOT that the box shall remain closed. On the contrary, the assumption is that the only way you can check out a product bought mail-order is by opening the box and checking it out, and then decide whether you want to return it or not.

So you're allowed to open the box and test it out, but not to take it into use. If a company would deem an open box to cause the value to deterioate and thus require it to remain unopened, it has to be specifically stated in a letter or email to you -- which does not seem to be the case. And even if they call this a right to regret ("ångerrätt"), you're not legally compelled to give a reason for returning an item.

Further, if a swedish company accepts shipping to here or market themselves here, they would normally be asked to comply with our legislation, which is based on the common EU guidelines. As scandinavianphoto also holds a .dk domain with a redirect, they would likely be ruled to market towards Denmark, and thus has to adhere to the Danish rules/interpretations of EU law as well.

If you look at the advice given by our consumer agency (like http://www.forbrug.dk/Artikler/Dine-rettigheder/Forbrugerguides/Fortrydelse/Varens-stand?tc=EB8CEB92DB91476892474BF40F2EB033) it actually mentions cameras as one item you're allowed to open and test out.

So taking 10-20 shots or something is probably OK, but likely not 500. And it is important that the goods can be brought back to "new" condition by the dealer again and can be re-sold as new. So in other words, you cannot return a camera that you would not yourself accept as "new" -- after some kind of "check-up" process at the dealer...

So, to sum up: Even if they may say differently if you call them, or if they insist on a re-stocking fee if you return an open box, they would likely loose such a case in court.

Now, this is true if the company sells to Denmark. I haven't checked details of the swedish legislation, though I would tend to think it could be quite similar to ours. But even if you would never be able to receive a "tested" camera that someone in Sweden had returned, a fellow Dane could have had his hands on it first, if you're unlucky

 Per Baekgaard's gear list:Per Baekgaard's gear list
Nikon D70 Nikon D200 Nikon D300 Nikon D800 Nikon AF-S Nikkor 70-200mm f/2.8G ED VR +14 more
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