Currys refusing refund of order cancelled within the 7 day cooling-off period

t.wright

Hi

I ordered an iPad from Currys, via their website, and have informed them, within the 7 days cooling-off period for online purchases, that I would like to return it. They have replied that they will not refund the order, on the basis that I've turned it on. They indeed state in their terms and conditions that they will not refund orders cancelled within 7 days of receipt if the device has been turned on.

However, my understanding of the cooling-off period is that it is to allow the consumer to test the item in the same way that they would in a shop, and one would obviously expect to see an electrical item working in a shop before one bought it. For example, it was not until I turned on the iPad that I was able to see whether the screen resolution was sufficiently high.

Any advice would be gratefully received.

halibut2209

You are right. They are wrong.

Freddie_Snowbits

DSRs allow you to examine and inspect the goods, but like DVDs, once you break the seals, you lose your right to return. This is the same for software, as most sites etc allow you to download a trial.

halibut2209

There are no seals on an iPad

t.wright

Freddie_Snowbits wrote: »

DSRs allow you to examine and inspect the goods, but like DVDs, once you break the seals, you lose your right to return. This is the same for software, as most sites etc allow you to download a trial.

But this isn't a piece of software, it's a device that runs software pre-installed. That is, I haven't opened a CD/DVD envelope. You refer to my right to inspect the goods, but I can't inspect the screen resolution without turning it on.

Freddie_Snowbits

DSRs allow you to inspect, but not use software.
http://www.legislation.gov.uk/uksi/2000/2334/regulation/13/made

magentalady

They probably have their own 'cooling off' period which is separate from your rights under the DSRs. You need to quote the DSRs to them, pointing them at the relevant section. Very often when people do that they magically get told they're entitled to refunds which they've previously been denied.

t.wright

Freddie_Snowbits wrote: »

DSRs allow you to inspect, but not use software.

But they also give me the right to inspect the hardware, which includes the screen resolution, and I can't inspect this aspect of the hardware without turning it on.

visidigi

you have presumably not registered it with iTunes either...so there should be no problem to return it

magentalady

Freddie_Snowbits wrote: »

DSRs allow you to inspect, but not use software.
http://www.legislation.gov.uk/uksi/2000/2334/regulation/13/made

But an iPad is a piece of hardware.

Freddie_Snowbits

Exactly the sama as a DVD. You can inspect the DVD, but not play it. Once you have switched on the iPAD, I am afraid you have accepted the software. There terms and conditions are clear on this

What you need to know & How do I return my product after delivery?
If for whatever reason you change your mind and would like to return your order after delivery, we’re happy to refund or exchange your purchase as long as it’s unopened and in its original packaging. This option is available for 21 days after delivery.
Following the Distance Selling Regulations, we will accept items back even if you have opened the goods to inspect them. You are entitled to a refund as long as you return your goods within 7 working days* from the day of delivery. The goods must in an ‘as new’ condition and returned in the original, undamaged packaging, along with any accessories and free gifts received with it. The product must not have been used or installed or had any data inputted. Whilst the goods are in your possession you must take reasonable care of them and not use them. DVDs, CDs, memory cards and software must still be sealed.
* Working days means all days other than Saturday, Sunday and public holidays.

http://www.currys.co.uk/gbuk/Returns-Cancellations-1043-theme.html