Can a laptop be returned under the Distance Selling Regulations?

MarkBargain

I bought my fiancee a laptop which was delivered today, but she can't get on with the touchpad even after I adjusted the settings (she is used to touchpads but doesn't like this one). Am I entitled under DSR to post it back for a full refund? The sellers T&Cs mention a possible £50 fee for this. I understand it to some extent as they would have to reimage the laptop so it starts up as brand new again, but I just wondered where the law stands. The laptop cost £350 and it's a lot to spend out for a laptop she doesn't want to use!

pinkshoes

As you've already used it, I'd say no.

Why not just buy a USB mouse?

She'll get used to it!

shaun_from_Africa

Yes, a laptop return is allowable under the DSR's.

The term stating that a £50 fee may be payable is legally unenforceable as a seller can'r charge a restocking fee for returns.

The laptop should either have a restore partition on the HDD or it would have been supplied with discs to allow this to be done.
Simply restore the laptop back to its factory settings, inform the seller of your wish to cancel under the DSR's and then return it.
Did the sellers terms state that you would have to pay the costs in the event of a DSR return?

As you've already used it, I'd say no.

The whole idea behind the DSR's is so that a consumer can see and test an item to the same degree as in a shop, and if this involves turning it on and using it, then it's perfectly acceptable to do this.

chunkychocky

Yes you can. You can return anything that hasn't been custom-made or customised as long as you notify them within 7 working days that that is what you intend to do. They are legally not allowed to charge a fee. They have to give you a full refund, including any postage costs that you paid to receive it, but not any postage costs for returning it.

shaun_from_Africa

but not any postage costs for returning it.

Providing that this was made clear before the purchase was made.

MarkBargain

pinkshoes wrote: »

As you've already used it, I'd say no.

Why not just buy a USB mouse?

She'll get used to it!

I prefer a mouse myself, but she always uses a trackpad as the laptop is used on the sofa, on the bed etc. as well as up a table/desk.

She may get used to it, but I was thinking that if I wish to return it it'll then be too late.

MarkBargain

shaun_from_Africa wrote: »

Yes, a laptop return is allowable under the DSR's.

The term stating that a £50 fee may be payable is legally unenforceable as a seller can'r charge a restocking fee for returns.

The laptop should either have a restore partition on the HDD or it would have been supplied with discs to allow this to be done.
Simply restore the laptop back to its factory settings, inform the seller of your wish to cancel under the DSR's and then return it.
Did the sellers terms state that you would have to pay the costs in the event of a DSR return?


The whole idea behind the DSR's is so that a consumer can see and test an item to the same degree as in a shop, and if this involves turning it on and using it, then it's perfectly acceptable to do this.

The box doesn't contain any CDs and I don't think there is a hard drive partition, so I don't think I have any way of restoring it to it's original state where it said "welcome to Windows for the first time" on boot etc.

The Returns Policy states:

"We reserve the right to make a minimum charge of £50 to restore a used computer back to factory default settings. "

and

"If you cancel the contract under the Distance Selling Regulations you must return the goods to us at your own expense."

I am fine paying to post it back, it's just the "minimum £50 charge" I am asking about...that could be anything!

shaun_from_Africa

I am fine paying to post it back, it's just the "minimum £50 charge" I am asking about

But whether it's £5 or £50, the fact is that it is illegal for the seller to make this charge.

As to the laptop.
What make and model is it? (as this will help with finding how to recover the HDD)
Even though you might not be able to see the restore partition, it is probably just hidden.

TRy restarting the laptop, but before hitting the power button, push and hold down the F5 button and keep it held down until you see something on the screen.

If this doesn't work, try the same with the F12 button.

MarkBargain

It's an Acer Aspire 5755G.

Thanks Shaun. I'll speak to her later about whether she wants it returned and if she does I will try the measures you suggest.

neilmcl

pinkshoes wrote: »

As you've already used it, I'd say no.

Don't listen to this OP, poor advice I'm afraid!

Of course you can return under the DSRs for a full refund. Who is the retailer that's trying to fleece you out of £50?

Fosterdog

To remaster the laptop the most common button is F8 but I also regularly see F4 or F9. F12 is usually for the boot menu and F2 is usually for the BIOS. Try F8 first then the top option should be repair my computer choose that, then the last option on the next page should be an Acer recovery option.

Acer's should have the option through windows too, type recovery into the search bar in the start menu and it should give acer's recovery module as an option. It's the same place as creating recovery disks.