Returning tablet pc after one day, distance selling act

Kaimoo

Hello

I bought a tablet and received it yesterday however it's to big for me, I thought it would be okay but it's not.

I bought it through very I had a ten percent discount code so it was cheaper than anywhere else, it's a Sony xperia z2.

On the very website it says that this item cannot be returned but my rights are not effected, I did a search and seen someone recently bought a tablet from curry's and they refused to accept it for a refund because it had been opened and used.

I have opened it and set it up but it's had an hours use, I'm not clued up on my rights I just know what I've seen on watchdog. From what I know or though I knew was that legally they have to accept my return within a certain amount of time weather it's opened and used or not, I'm just unsure why very States that certain items cannot be returned and I suspect of I email telling them it's opened and used they will refuse to accept it back like curry's did to someone recently.

Before any asks why I didn't try it out before i bought one, I live in the middle of the country an hours drive from the nearest place that I could get my hands on one so I didn't get a chance none of the local supermarkets sell electronics due to the store size.

Thanks

frugal_mike

The Distance Selling Regulations were replaced by the Consumer Contract Regulations in June, but you are correct that you do have the right to return most things. There is a list if goods that are exempt, but laptops and tablets are not on that list.

Sellers do have the right to reduce refunds if the consumer's handling of the goods was unreasonable and caused a reduction in value. That reduction can be up to the full value of the goods. The handling is unreasonable if it goes beyond what a reasonable personwould expect to be able to do ons shop.

I highly doubt that the seller could justify a 100% reduction in the refund value if you have not damaged the tablet, and its also debatable whether they could argue using the table for a short period was unreasonable handling so may not be able to justify any reduction in refund at all.

Kaimoo

Thanks, makes me wonder how they get away with stating in bold that this item cannot be returned it would make most people believe it.

Retrogamer

I'm surprised used laptops & tablets are not exempt from these regulations.

If they were re-sold on to someone else, they might be able to recover the data / files / information from the previous user of the device even if it's been wiped and reset.

zaax

These are what refurbished laptop / tablets are. For the a layman it is quite difficult to get the data off a disk that has been wiped even once.

frugal_mike

Retrogamer wrote: »

I'm surprised used laptops & tablets are not exempt from these regulations.

If they were re-sold on to someone else, they might be able to recover the data / files / information from the previous user of the device even if it's been wiped and reset.

That's a problem for the user, and as mentioned they face the same risks when they sell the item on. It's not a reason to exempt them from the regulation as it does not stop them being resold.

The question to be answered is whether the seller is justified to reduce the refund to account for the handling.

Kaimoo

I feel bad about about sending it back, sounds stupid I've no reason to feel bad about it.

I'll email them and ask to return it, after reading the hassle someone had recently with curry's though I'm not expecting them to accept the return of certain they'll just quote the website that it can't be returned.

Tyler_Du

Make sure you do a factory reset on it before you send it back, how will they know you used it ?

frugal_mike

If you paid on a credit card and the item cost more than £100 then the credit card provider are jointly and severally liable, so you can claim from them too.

Kaimoo

Good point, I just didn't want to lie then they get it back and found out it had been used. I suppose if I say I haven't used it it'll make it easier for them to accept it back without arguing.

Geodark

frugal_mike wrote: »

If you paid on a credit card and the item cost more than £100 then the credit card provider are jointly and severally liable, so you can claim from them too.

Claim for what? There isnt anything wrong with it.