is a laptop returnable within 7 days? (DSR)

scherb

Is a laptop returnable within 7 days according to the Distance Selling Regulations 2000?

Some UK web stores like to claim that since laptops have preinstalled licensed software, if the laptop is used, it is therefor not eligible for return under the DSR.

If they are correct, this should also apply to mobile phones, which are nothing more than specialized computers with preinstalled licensed software (Android, IOS etc).

Also the DSR came into force in the year 2000, obviously computers (of all kinds) were widely used and came with preinstalled software at this this point in history. So therefor wouldn't the people who wrote the act make it very clear that computers sold with preinstalled software were exempt if they had been used by the consumer? They clearly did not.

neilmcl

Yes, a laptop purchased online is covered by the DSRs. Also, you do not have to return within 7 days, you just have notfiy the retailer of cancellation within this period.

NCISROCKS

neilmcl wrote: »

Yes, a laptop purchased online is covered by the DSRs. Also, you do not have to return within 7 days, you just have notfiy the retailer of cancellation within this period.

What about the software issue the OP mentions?

Techhead_2

NCISROCKS wrote: »

What about the software issue the OP mentions?

The point is not that the laptop has software on it, but that by using the laptop, you have customised(adapted) the device and therefore the right of cancellation doesn't apply. I don't know whether this has ever been tested.

Jeff_Bridges_hair

Techhead wrote: »

The point is not that the laptop has software on it, but that by using the laptop, you have customised(adapted) the device and therefore the right of cancellation doesn't apply. I don't know whether this has ever been tested.

That is what they claim - but the DSR's state that you must be given the opportunity to open it and use it as you would in a shop. As in a shop you would be able to play about on their demo machine - you should be able to do the same when you purchase online at home which means you should be able to turn it on and so forth.

George_Michael

The point is not that the laptop has software on it, but that by using the laptop, you have customised(adapted) the device and therefore the right of cancellation doesn't apply.

Customised or adapted makes no difference to the right of return under the DSR's as in the words of the OFT:

"The DSRs do not link cancellation rights with a supplier’s ability to resell items as new."

There is no specific exemption for goods that have been adapted, modified or customised by the consumer.


According to the OFT, items such as self assembly furniture are also covered by the DSR's even if the customer has fully or partly built them up and in this instance the goods have definately been changed from how they were supplied. (Although the retailer may then have a case to take further action against the customer for breech of their duty to look after the goods)

Jeff_Bridges_hair

This is why you also see stuff being sold as 'refurbished' in the big PC stores - they are just returns in the main and an easy way for them to get rid of stock.

Esqui

Jeff_Bridges_hair wrote: »

That is what they claim - but the DSR's state that you must be given the opportunity to open it and use it as you would in a shop. As in a shop you would be able to play about on their demo machine - you should be able to do the same when you purchase online at home which means you should be able to turn it on and so forth.

One would hope common sense would apply, and that setting up the laptop and trying it on the internet, for example, would be OK to return. But copying over your entire music collection, installing all the software you can find, and loading it down with malware....might just be over the mark!

Jeff_Bridges_hair

Esqui wrote: »

One would hope common sense would apply, and that setting up the laptop and trying it on the internet, for example, would be OK to return. But copying over your entire music collection, installing all the software you can find, and loading it down with malware....might just be over the mark!

Well thats just common sense and in no way was i making out that you could. Merely that your allowed to do with it as you would if you were in a shop.

If_it_can_go_wrong

It's a simple job for the store to do a factory restore anyway . They are just being awkward in an attempt to put you off returning it. Inform them by registered post or email (preferably both) that you are returning it under the DSR and ask them their preferred method of return . Let us know how you go on.

Esqui

Jeff_Bridges_hair wrote: »

Well thats just common sense and in no way was i making out that you could. Merely that your allowed to do with it as you would if you were in a shop.

I wish common sense happened in real life