Does right of withdrawal need the original packaging?

Question

I bought a dryer in the EU. I destroyed its packaging and used it once. It was terrible and now I want to return it. Does the right of withdraw need the product returned with the original packaging? Also is it ok if I used it once?

Answer 1

The relevant EU rule doesn't specify a anything along those lines. Instead, it says that "The seller must deliver goods which are in conformity with the contract of sale to the consumer", and that "The seller is liable to the consumer for any lack of conformity which exists at the time when the consumer goods are delivered or becomes apparent within 2 years as from the delivery of the goods, even if the seller was not aware of the lack of conformity". Therefore, "Where consumer goods do not comply with the contract of sale, the seller is obliged to bring them into conformity with the contract of sale", moreover "Bringing the consumer goods into conformity with the contract of sale is free of charge for the consumer. The consumer must not incur any costs for dispatching the consumer goods or the labour and material costs, and must not suffer significant inconvenience".

So you can make a claim with the seller, and they could repair it or replace it. Mandatory return and refund only arises "after the trader has acted on three claims by the consumer for repairing the same goods, another lack of conformity of the goods with the contract of sale is detected within the span of the 2-year period above". Nothing in the law limits the consumer's right in the event that they discarded the original packaging.

Also note that this right exists if the goods are not in conformity with the contract, and does not exist if you are dissatisfied with the product.