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Quickie for anyone in the know re John Lewis

Have today bought 19" lcd tv from John Lewis.

Got home and broke sellotape on box and just took screen out and held it in place where it is intended to sit and we both agree that it seems too
small i.e disproportionate.

Nothing else in box was touched.I want to return it and pay for a 22" from same place.

They are happy to do this but will charge 10% of the purchase price as the tv is now "second hand".

Ok,i realise they have their t&c's etc.

Does anyone think that if i return to the shop i have any chance of avoiding this 10% charge? If i have to pay then so be it but wondered if anyone has similar experience.

As an aside,if they do see it now as "second hand" how will they sell it on?
10% seems a bit over the top to me.

Thanks

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