Pilfer proof packing

[drdel]

Its a bit quite around here so here's a question out of idle interest.

T'other day we bought a 64gb Micro SD card for a mobile phone from a 'high street' retailer. It came nicely and securely sealed in a thick plastic package together with a 'free' USB reader. Now these things can run up to £100 for the large capacity devices so not exactly a throw away purchase.

The retailer's receipt states that their 30day 'replace or refund' deal requires that the items must be returned in " as new (unused and resaleable) including all packaging, instructions and accessories..."

Buried in their Ts&Cs among the list they specifically exclude....
"Products with recordable memory... that have been opened, used or had their seals broken."

Now since there is no visible way of detecting a faulty item in its ' heat sealed pilfer proof packaging' one must break the seal (e.g. "open") to get at the SD card.

Obviously these things aren't 'repairable' so replacement or refund would be the only possible solution! But the act of opening the package clearly seems to breach their terms.

Can they do that?

[Cold]

I expect they've included the phrase about it not affecting your statutory rights somewhere in the text.

[vonhosen]

You are reading too much into it.
If it's defective they should replace/refund.
The 30 day is you can replace/refund even if it isn't defective, except for certain items such as recordable memory items.