Confused about returning goods, faulty or not

TheOne

I've read the article on the site about consumer rights.
http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchan
I'm a bit confused about what my rights are if I want to return, exchange, or a refund on an item a) if they're faulty, b) if they're not faulty, especially on electronic goods. This is buying from a shop, not online.
a) Say for example I buy a remote control for a TV, and within a week I discover it's faulty. What are my rights? I've heard of some retailers will only offer repair, regardless of the amount of time/use you have had the item.
b) If I just want to return the item, because I've changed my mind, am I entitled to a refund, or can the retailer offer me a credit note only, or can they even refuse a return? Also if they want to charge a processing/restocking fee, is there a maximum they can charge me?
Also if the item is sent to the manufacturer for repair, is anyone obliged to provide me with something to use in the mean time?

A second example, say I buy a computer.
Scenario 1: The computer comes with all the operating system already installed. I take it out of the box, switch it on, see it working but decide it's not really what I want, and decide to take it back.
Scenario 2: As above but I also set up a user account on the computer
Scenario 3: The computer comes without operating system installed, I install the OS. As part of the install I guess I would probably have had to set up a user account.
In any of these can I return the computer for a refund? Considering it has software.

Halloway

As concisely as I can manage:

If an item is faulty when purchased you have a right to a refund, repair or replacement. The time period for which this right lasts is not well-defined and will depend on the item and the reseller.

You have no right to return an item simply because you don't like it, unless you purchased it online or by telephone in which case the Distance Selling Regulations apply and you have seven days from the receipt of the item to return it and get a full refund. The seller cannot apply a restocking fee in this case. A retailer may offer a no-quibble returns policy outside this period but is then entitled if it wishes to apply a restocking fee.

If an item is sent for repair the reseller is not under any obligation to provide an interim replacement.

The same rules apply for the example of the computer. The creation of a user account does not affect anything.

derrick

Halloway wrote: »

As concisely as I can manage:

If an item is faulty when purchased you have a right to a refund, repair or replacement. The time period for which this right lasts is not well-defined and will depend on the item and the reseller.

You have no right to return an item simply because you don't like it, unless you purchased it online or by telephone in which case the Distance Selling Regulations apply and you have seven days from the receipt of the item to return it and get a full refund. The seller cannot apply a restocking fee in this case. A retailer may offer a no-quibble returns policy outside this period but is then entitled if it wishes to apply a restocking fee.

If an item is sent for repair the reseller is not under any obligation to provide an interim replacement.

The same rules apply for the example of the computer. The creation of a user account does not affect anything.

This is 7 WORKING days starting the day after receipt, ( see Consumer Direct), and therefore could be up to 14 calender days if, for example, the goods where received on the Thursday prior to Good Friday

Esqui

OK, here we go!

TheOne wrote: »

a) Say for example I buy a remote control for a TV, and within a week I discover it's faulty. What are my rights? I've heard of some retailers will only offer repair, regardless of the amount of time/use you have had the item.

In legal terms, after you have accepted the item, you do not have a right to refund. Acceptance is generally considered to be once you have had a chance to inspect the goods (or if you have altered or customised them). Thus for a camera, you may not be considered to have accepted it until you've taken a few photos and had a look at them. For a TV remote, the acceptance would be almost instant.

The trickiness in deciding whether or not you have accepted the goods is the reason behind most retailers offering 14/28/30/etc days money-back guarantee if you have a faulty thing. After a week, the retailer is techincally not obliged to refund you, but unless they have no common sense, probably will do.

b) If I just want to return the item, because I've changed my mind, am I entitled to a refund, or can the retailer offer me a credit note only, or can they even refuse a return? Also if they want to charge a processing/restocking fee, is there a maximum they can charge me?

You are not entitled to anything if you have bought it from a shop. Anything they shop does offer you (refund, credit note) is in addition to your legal rights. Though it does make good sense for a shop to offer something like this as it gives you more confidence buying from them.

Also if the item is sent to the manufacturer for repair, is anyone obliged to provide me with something to use in the mean time?

No, although a repair would have to be done without 'causing significant inconvenience'. For example, having your TV away for a week or two would not be significantly inconvenient in most cases (even if you may think otherwise), but having to wait two weeks for an engineer to look at your cooker would be. There's no strict rule, each case is judged on its own merits.

A second example, say I buy a computer.
Scenario 1: The computer comes with all the operating system already installed. I take it out of the box, switch it on, see it working but decide it's not really what I want, and decide to take it back.

If you bought it in store, you have no right (unless it was mis-sold to you). The best solution for this is to buy what you want in the first place!

Scenario 2: As above but I also set up a user account on the computer

Same as above

Scenario 3: The computer comes without operating system installed, I install the OS. As part of the install I guess I would probably have had to set up a user account.

Slightly less clear-cut, but you again would not have an automatic right to refund. Once again, I would suggest that in these situations, the buyer should ensure they buy what they want the first time round.

TheOne

That's most helpful. Thanks!