Currys Laptop return refusal after notification of cancellation under CCRs

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  • Keep_pedalling
    Keep_pedalling Posts: 16,629 Forumite
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    Looking at Currys website, this service would appear to be reserve and collect. You reserve the item then pay for it in store. If that is the case with the OP then his purchase is not distance selling, he had plenty of opportunity to view the item before paying.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    How many times! The OP has clearly said that they ordered AND paid for the laptop online. They simply chose the store as a delivery option, as is allowed. This is not reserve and collect and CCRs will apply.
  • Bond76
    Bond76 Posts: 14 Forumite
    edited 31 August 2015 at 8:26PM
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    Keep_pedalling wrote: »
    Looking at Currys website, this service would appear to be reserve and collect. You reserve the item then pay for it in store. If that is the case with the OP then his purchase is not distance selling, he had plenty of opportunity to view the item before paying.

    Sorry, this is inaccurate, and as others have already pointed out (and I made my original post as clear as possible about this) - I paid ONLINE - therefore sale at a distance.

    In theory, yes, I could have inspected it (visually) in-store after collecting it, but what would be the point of that? Its a laptop and has intricacies by its very nature.

    Also as just posted a minute or two ago (which fair enough you probably haven't seen yet) - this model was not on display, so could not have tested a "demo" model.
  • Keep_pedalling
    Keep_pedalling Posts: 16,629 Forumite
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    Apologies, too much wine with dinner.
  • isplumm
    isplumm Posts: 2,204 Forumite
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    neilmcl wrote: »
    How many times! The OP has clearly said that they ordered AND paid for the laptop online. They simply chose the store as a delivery option, as is allowed. This is not reserve and collect and CCRs will apply.
    Ah ...that answers my question then - cause OP bought & paid for it online, they are covered by the Distance Selling Regulations.

    Mark
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  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    isplumm wrote: »
    Ah ...that answers my question then - cause OP bought & paid for it online, they are covered by the Distance Selling Regulations.

    Mark

    The DSR's have been replaced by the CCR's.

    That means the company can deduct costs for the diminished value of the laptop.
  • zenmaster
    zenmaster Posts: 3,151 Forumite
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    shaun_from_Africa wrote: »
    It will be a distance contract as the OP stated that they ordered and paid for the laptop online so the contract was concluded at a distance.
    Whoops! Missed that bit.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
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    marliepanda wrote: »
    That means the company can deduct costs for the diminished value of the laptop.


    But as already pointed out, only if the value has been diminished through excessive testing or handling and only a judge would be able to make a definitive ruling on this.
    If the value has been lowered simply because of the laptop being turned on and operated to determine the "nature, characteristics and functioning" then they can't legally refuse a full refund.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
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    It wasn't a Mac was it?
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    George_Michael wrote: »
    But as already pointed out, only if the value has been diminished through excessive testing or handling and only a judge would be able to make a definitive ruling on this.
    If the value has been lowered simply because of the laptop being turned on and operated to determine the "nature, characteristics and functioning" then they can't legally refuse a full refund.
    Regulation 34 does go on to explain 'handling' in greater detail in paragraph 12:
    (12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.
    The question is does turning the thing on go 'beyond the sort of handling that might reasonably be allowed in a shop'?

    In my opinion, it does.
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