Returning a Laptop under distance selling/consumer contracts regulations

frugal_mike

And the information must be in durable form (e.g. email or delivery note), so websites and links to websites don't count.

SuperHan

unholyangel wrote: »

Only if they have provided certain information (off the top off my head I think they need to provide your cancellation rights and the conditions of those rights) in a durable medium.

If they havent then they cant make any deduction - regardless of how much handling you've given the item to diminish its value.

Is this still true under CCR? (Not saying it isn't, I just can't remember reading it)

Their website says that you can return within 14 days opened but unused. Otherwise no refund. I assume this will be attached to the e-mail sent with the order. Out of interest, would that suffice a the 'certain information'?

deanos

why not just reinstall windows and factory reset it , they wont know its been used, when its turned on will show the install screen

unholyangel

SuperHan wrote: »

Is this still true under CCR? (Not saying it isn't, I just can't remember reading it)

Their website says that you can return within 14 days opened but unused. Otherwise no refund. I assume this will be attached to the e-mail sent with the order. Out of interest, would that suffice a the 'certain information'?

CCRs themselves state:

(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.

(10) An amount that may be recovered under paragraph (9)—
(a) may be deducted from the amount to be reimbursed under paragraph (1);
(b) otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the
information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part
2.

(l) where a right to cancel exists, the conditions, time limit and procedures for exercising that
right in accordance with regulations 27 to 38;

13.—(1) Before the consumer is bound by a distance contract, the trader—
(a) must give or make available to the consumer the information listed in Schedule 2 in a
clear and comprehensible manner, and in a way appropriate to the means of distance
communication used,

(l) where a right to cancel exists, the conditions, time limit and procedures for exercising that
right in accordance with regulations 27 to 38;

timb999

Thanks again for all your advice all...it really is much appreciated.

In relation to the last point...I actually have received nothing at all in terms of info or correspondence or t&c's with the laptop at all, which did surprise me!

I received one email confirming my order, but nothing else whatsoever...no 'your item has been despatched', no receipt or invoice or anything...

SuperHan

timb999 wrote: »

Thanks again for all your advice all...it really is much appreciated.

In relation to the last point...I actually have received nothing at all in terms of info or correspondence or t&c's with the laptop at all, which did surprise me!

I received one email confirming my order, but nothing else whatsoever...no 'your item has been despatched', no receipt or invoice or anything...

13.—(1) Before the consumer is bound by a distance contract, the trader—
(a) must give or make available to the consumer the information listed in Schedule 2 in a
clear and comprehensible manner, and in a way appropriate to the means of distance
communication used

The words durable means aren't included any more... Which may mean that the terms on the website are enough. This does give you the time limits and procedure for cancellation.

frugal_mike

SuperHan wrote: »

The words durable means aren't included any more... Which may mean that the terms on the website are enough. This does give you the time limits and procedure for cancellation.

The word durable is still there:

13. (2)!In so far as the information is provided on a durable medium, it must be legible.

Now I don't know if its just me, but that wording implies that the information only has to be legible if it is supplied on a durable medium. That surely can't be true, so I can only assume that this clause means that the information must be legible and durable.

neilmcl

All information should be made available online prior to payment and then in a durable medium on conclusion of the contract.

See section G here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

Fosterdog

timb999 wrote: »

Thanks again for all your advice all...it really is much appreciated.

In relation to the last point...I actually have received nothing at all in terms of info or correspondence or t&c's with the laptop at all, which did surprise me!

I received one email confirming my order, but nothing else whatsoever...no 'your item has been despatched', no receipt or invoice or anything...

Are you sure you didn't get anything? I ordered a small item from their website last week and it had a shipping/delivery note in it. It has a returns section with a label to peel off and stick on a returns package, a section to fill in for the reason for return and the T&Cs about returning the item. On the other side was my order details, effectively my receipt.

I don't still have it so can't check what it says about returns.

browneyedbazzi

The information on the website will probably be sufficient to meet the requirements for pre-contract information and the order confirmation email should contain the proscribed information that must be provided in a durable medium on entering a contract. You may want to go back and read the order confirmation email and check it against the regs to see if it is compliant.