returning a laptop - distance selling regulations (DSR) help please!

ams2015

Hello,
I have recently (3 days ago) purchased a laptop from an online retailer however I am not happy with my purchase (non-responsive touchpad, very weak speakers, etc in a very expensive laptop ( ) and would like to return it and ask for a refund. I have opened and used the laptop to test it however I am not satisfied with the way it works. I understand that under the DSR there is a cooling -off period during which I can inform the retailer that I'd like to return the item however the retailer's (ebuyer) website states:

If you change your mind

'If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 14 days of receipt of the item. The item must not be used and must be 'as new' when returned to us. Once you've informed us that you wish to return goods under the DSR, you have 28 calendar days to do so, at your own expense. Once the item is received at Ebuyer.com, we'll issue a full refund for the product to your original payment method. Please note this policy has some limitations and does not apply to business customers.(The Distance Selling Regulations do not apply to @work customers or our Business customers, @work customers have 5 days to return an item as not required providing it is unopened). The following items are not eligible for return: electronic software downloads and opened software.'

However, according to the distance selling guide of the Office of Fair Trading:


'Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.'


Am I within my rights to ask for a refund? I only used the laptop for about 15 minutes (however I had to register, name the laptop, etc. otherwise I would not be able to try it out) and decided that I am not happy with it and would like to purchase a different laptop therefore I do not wish to ask for an exchange/repair but for a full refund.

I have seen a number of different opinions on the subject on other forums hence I'd like to ask for an advice. Any help would be very much appreciated!

bris

DSR no longer exist, they were replaced with the Consumer Contract Regulations. Under the new CCR they still have to issue a refund however they can deduct a sum of money for any diminished value you have caused due to using it. What that is, is subjective but expect problems.

mije1983

bris wrote: »

but expect problems.

Yes, especially considering it's eBuyer who seem to be in the minority of retailers with regards to giving partial refunds on a faulty item within 12 months of purchase. Going by that, I would imagine they enforce their rights under the CCRs quite strictly.

agrinnall

That's pretty poor that ebuyer are still referring to the DSRs, and possibly even illegal.

http://www.ebuyer.com/help/returns (Returns Policy tab)

frugal_mike

Did ebuyer supply any information regarding your right to cancel in durable form, such as in hard copy with the laptop or by email? Links to their website don't count.

As others have said companies can reduce a refund to account for diminished value if the customers handling of the goods goes beyond what they could reasonably do in a shop, but the seller loses the right to do this if they fail to supply the required information in durable form.

System

ams2015 wrote: »

however I am not happy with my purchase (non-responsive touchpad!

Is it faulty, rather than unwanted? Different rules apply. Or do just you just not like the way it works?

ams2015

Thank you very much for all your replies!

I am not sure if it is faulty, the touchpad is really bad - half of it does not seem to work at all/does not register anything and the other half sometimes does and sometimes doesn't and when it does quite often the courser would bounce about half an inch below where it's supposed to be. the scroll function on the touchpad does not work at all - I am not sure if this is how it is supposed to be or not (there is nothing that I can see in the description of the laptop on ebuyer website giving more details on the touchpad) ... although I guess that in a way the touchpad is faulty if it does not register what the user is doing. Apart from it, I don't like some of the features in that laptop, the speakers are really weak, I had to put it on max volume and close teh windows to be able to hear anything reasonably well and I had it on my laps - would be close to impossible to hear anything if I placed the laptop on the other side of the room ( I don't think this is because the speakers are faulty, they are just probably of quite a bad quality). there are some other features that I am not that keen on either so essentially I don't want to send it back for a repair I just want to send it back for a refund. I checked the emails that I received form ebuyer and there seem to be no information regarding my right to cancel in those emails however I have to check exactly what is in the box.

ams2015

correction: it says 'multi-gesture touch pad' - so a simple scroll function should surely work

ams2015

also, with regards to DSR being replaced by CCR - if the information they provide with regards to cancellation mentions DSR and not CCR (again, have to check what is in the box) - is this something that could help my case?

Nessun_Dorma

In which case it is faulty. Therefore the Sale of Goods Act applies, rather than the CCRs.

ams2015

thank you, Nessun_Dorma !

... am I more likely to get a full refund under the Sale of Goods Act rather than the CCRs? Can I request a refund rather than a repair?