Returning a laptop to Very! How can it be so hard?!

Charlie.Gibbons

Hi,


I'm trying to return a laptop to Very, I bought it on buy now pay later. I received the item two days ago. Returned it yesterday in full packaging and emailed Very to tell them I intended to return the item and cancel the contract between us. I thought I could do this under the 7 day cooling off period? They're telling me if I have opened the item and used it I am not allowed to return it. I have opened it and I have had a little go on it (for no more than ten minutes). However I thought that as long as I took reasonable care of it, I was entitled to return it within 7 days as long as I notify them.


Please can anyone advise?

reehsetin

The distance selling regulations around 7 day returns are intended for you to inspect the goods as you would have been able to in a store, turning it on and having a play goes beyond and above. There are lots of companies that say that by activating/turning on the device you've treated them as your own and accepted them. Whether it's reasonable or not depends, trading standards say:
"When customers do not have a right to cancel
-audio or video recordings or computer software that the customer has unsealed"
http://dshub.tradingstandards.gov.uk/dsrexplained

stebiz

Charlie.Gibbons wrote: »

Hi,


I'm trying to return a laptop to Very, I bought it on buy now pay later. I received the item two days ago. Returned it yesterday in full packaging and emailed Very to tell them I intended to return the item and cancel the contract between us. I thought I could do this under the 7 day cooling off period? They're telling me if I have opened the item and used it I am not allowed to return it. I have opened it and I have had a little go on it (for no more than ten minutes). However I thought that as long as I took reasonable care of it, I was entitled to return it within 7 days as long as I notify them.


Please can anyone advise?

It is yours now. From Very's site

Non returnable under our Approval Guarantee, once installed or connected. Your statutory rights are not affected. See Returns section in our Help pages for more information.

George_Michael

stebiz wrote: »

It is yours now. From Very's site

Non returnable under our Approval Guarantee, once installed or connected. Your statutory rights are not affected. See Returns section in our Help pages for more information.

And what about the bit in bold?

For most items purchased at a distance, there is a right of return and this right applies even if the items had been turned on as you are entitled to check the "characteristics and function of the goods".
Provided that the customer only used the goods to the same degree as they could do in a shop, then they have not exceeded their right to test those goods and if not happy for any reason, return them.

stebiz

George_Michael wrote: »

And what about the bit in bold?

For most items purchased at a distance, there is a right of return and this right applies even if the items had been turned on as you are entitled to check the "characteristics and function of the goods".
Provided that the customer only used the goods to the same degree as they could do in a shop, then they have not exceeded their right to test those goods and if not happy for any reason, return them.

Nope. Once a computer is switched on and USED. It could have a virus, spyware, sensitive information. Somebody (not OP) might even put !!!!!! on it. It would need wiping and re-installing . USED.

gik

stebiz wrote: »

Nope. Once a computer is switched on and USED. It could have a virus, spyware, sensitive information. Somebody (not OP) might even put !!!!!! on it. It would need wiping and re-installing . USED.

Under the DSRs the right to cancel is not determined by the ability of the seller to resell the item as new.

George_Michael

stebiz wrote: »

Nope. Once a computer is switched on and USED. It could have a virus, spyware, sensitive information. Somebody (not OP) might even put !!!!!! on it. It would need wiping and re-installing . USED.

This is the consumer rights board, and when buying at distance, a consumer has the legal right to turn on and test the laptop provided that they only do it to the same degree as they could do in a shop, and most, if not all shops will allow you to operate a display computer.
This is not my opinion, This is stated in UK legislation.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

(9) If (in the case of a sales contract) the value of the goods
is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

stebiz

George_Michael wrote: »

This is the consumer rights board, and when buying at distance, a consumer has the legal right to turn on and test the laptop provided that they only do it to the same degree as they could do in a shop, and most, if not all shops will allow you to operate a display computer.
This is not my opinion, This is stated in UK legislation.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

Creams, perfume, aftershave??

shaun_from_Africa

stebiz wrote: »

Nope. Once a computer is switched on and USED. It could have a virus, spyware, sensitive information.

You're correct. The laptop could have a virus or spyware on it, but the law doesn't allow a return to be refused for what could happen.
If the computer was returned and it was infected or otherwise diminished in value then the retailer must still accept it back but they can then base the refund amount on the state it was in. What they can't legally do is refuse to accept it back based on the supposition that something could have been done to it.

gik

stebiz wrote: »

Creams, perfume, aftershave??

What about them? It's a laptop that's under discussion.

George_Michael

stebiz wrote: »

Creams, perfume, aftershave??

Creams, perfumes and aftershaves are not laptops, so what possible relevance do they have here?
There are certain exemptions to the right of return which those items will come under, (goods which can't be returned due to health and hygiene reasons).