Returning tablet pc after one day, distance selling act

bris

Of course there is a diminished value for 1 hour or 1 week, would you want to buy someone else's return? Of course not, one it was delivered unsealed and clearly used you would hit the roof, there is a reason they updated the old DSR, like it or not it is now worth les than a sealed brand new unit, second hand springs to mind.

Kaimoo

From what I've read they send it back to Sony and they reseal it and I've also read that in some cases it's not sold as a refurbished unit but brand new.....

wealdroam

Geodark wrote: »

Claim for what? There isnt anything wrong with it.

Claim for a refund from the credit supplier because they are equally responsible for performance of the contract and Very are (or may be) refusing the consumer his/her statutory rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

gik

Kaimoo wrote: »

From what I've read they send it back to Sony and they reseal it and I've also read that in some cases it's not sold as a refurbished unit but brand new.....

...which will have costs associated with it.

powerful_Rogue

A quick look at the Very website shows they have two return systems in place.

Our 28 Day Approval Guarantee - Which your tablet is exempt from, as highlighted by the no returns message on the product page.


Your Right To Cancel Your Order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.

You are responsible for returning the goods to us and we may make a deduction for any loss in value of the goods arising from unnecessary handling by you.

http://www.very.co.uk/help/en/online-help-system/help_returns#plckforumpage=ForumDiscussion&plckdiscussionid=Cat%3A9799ca35-cb90-4296-b5ec-e39190f3d29aForum%3Adc217b4d-7b6f-48a2-bf22-258acf489585Discussion%3Acec234e3-3c89-479c-8c36-999eb5e1f3c5&plckforumpostonpage=1&plckpostid=&plckforumpostshowfirstunread=&plckfindpostkey=

frugal_mike

bris wrote: »

Of course there is a diminished value for 1 hour or 1 week, would you want to buy someone else's return? Of course not, one it was delivered unsealed and clearly used you would hit the roof, there is a reason they updated the old DSR, like it or not it is now worth les than a sealed brand new unit, second hand springs to mind.

Diminished value is not sufficient to make a deduction from the refund. It has to be from handling beyond what is necessary to check the nature of the goods, with one test for that being what would be reasonable in a shop. I've seen people claiming that they have been allowed to open boxes to see tablets/laptops when there was no display model available so its not impossible a judge would think it reasonable to do the same at home.

But assuming they are allowed to make a deduction, having terms and conditions refusing a return on these products is not permitted.

unholyangel

frugal_mike wrote: »

Diminished value is not sufficient to make a deduction from the refund. It has to be from handling beyond what is necessary to check the nature of the goods, with one test for that being what would be reasonable in a shop. I've seen people claiming that they have been allowed to open boxes to see tablets/laptops when there was no display model available so its not impossible a judge would think it reasonable to do the same at home.

But assuming they are allowed to make a deduction, having terms and conditions refusing a return on these products is not permitted.

Well by stating no returns they've shot themselves in the foot.

(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.

And as for paragraph (l) of schedule 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;

Since they havent actually informed OP of the above, they cannot make a deduction even if the value has been diminished by unreasonable handling.

powerful_Rogue

I think people are getting confused.

Very are saying that the tablet is exempt from their 28 Day Approval Guarantee. They are not saying it is exempt from the Consumer Contracts Regulations.

See my link to the very FAQ in my post a few above.

This is what Very have on that very product page.

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.

molerat

Tyler_Durden_UK wrote: »

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

By checking the BIOS

deanos

i really doubt they will check the bios, they will check the condition and it will get sold on bargain crazy or one of there clearance shops, OP make sure its pristine with no fingermarks etc