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

catfish50

t.wright wrote: »

...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.

A shop might provide one display Ipad for customers to try out, but does any shop allow you to test a brand-new, never-been-turned-on Ipad which you can then buy if you like it or not buy if you don't? No shop could afford to do that -- they'd risk ending up with multiple Ipads which had been turned on, and couldn't be sold as new. Curry's objection seems reasonable to me.

halibut2209

Freddie_Snowbits wrote: »

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

Shame on you for missing the vital proviso!

" computer software if they are unsealed by the consumer;"

There is no software on an iPad which needs to be unsealed. It is pre-loaded

magentalady

catfish50 wrote: »

A shop might provide one display Ipad for customers to try out, but does any shop allow you to test a brand-new, never-been-turned-on Ipad which you can then buy if you like it or not buy if you don't? No shop could afford to do that -- they'd risk ending up with multiple Ipads which had been turned on, and couldn't be sold as new. Curry's objection seems reasonable to me.

It's not up to you, though. Whether or not it seems reasonable, under the DSRs they are required to allow you to change your mind within 7 days.

magentalady

halibut2209 wrote: »

Shame on you for missing the vital proviso!

" computer software if they are unsealed by the consumer;"

There is no software on an iPad which needs to be unsealed. It is pre-loaded

Exactly - I think the point of this is obviously to prevent you from copying the software and then returning the discs. Such precautions don't need to be taken with a piece of hardware like an iPad. The fact that it has firmware/software as an integral part of it shouldn't matter.

t.wright

Freddie_Snowbits wrote: »

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

Their T&Cs are indeed clear, but the point is that I think that are contrary to the law. The law says that I have the right to inspect the hardware, and I can't inspect the screen resolution without turning it on.

magentalady

t.wright wrote: »

Their T&Cs are indeed clear, but the point is that I think that are contrary to the law. The law says that I have the right to inspect the hardware, and I can't inspect the screen resolution without turning it on.

Yes - I believe the law trumps any T&Cs that they may have laid out. As I said before, you need to point them at the DSRs when making your request. They're probably not deliberately trying to swindle you - more likely, the person who replied to your email doesn't know the DSRs very well and is just referring to their own terms and conditions.

tomwheels

I have had exactly the same problem, turned it on and want to return it after 3 days but currys are refusing the refund even under the distance selling regulations, how did you get on with the refund on yours?

deanos

If it just looks 100% like new and you can reset it, just send it back and don't say its been turned on.

Trinitrotoluene

The distance seller regulations are quite clear about this. The exact wording:

Exceptions to the right to cancel:

"for the supply of audio or video recordings or computer software if they are unsealed by the consumer"

The iPad is a piece of hardware - not a piece of software. The regulations apply and you can return it (in my opinion). However, if linking an iPad to an itunes account is a permanent thing then that could be slightly different.

Flyboy152

Freddie_Snowbits wrote: »

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


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

Just because it says something in the terms and conditions, does not make it enforceable.