The tyre was accurately described, it’s just stupid Maxxis and their bizarre way of measuring tyre size.
I think it will be reasonably obvious that the tyre has been fitted as I had to cut the original zip-tie to get it out the packet, plus they claim they ‘can tell when tyres have been fitted’.
I just read through the DSR and it states that:
Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession …. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this.
I would take this to mean that I could return the tyres. Would you? A pedant might argue that you wouldn’t be able to try on tyres in a shop however.