Rights to returning a smartphone bought online

Meks

Since posting this I received a full refund from Very.co.uk


Hello Everyone,

I bought an HTC One M9 online from very.co.uk which I received today.

I opened the box and switched on the phone. I didn't register any details, update the time/date or anything. I decided this phone is unsuitable and switched it back off and put it back in the plastic wrapping and back in the box. (it was on for less than 2 minutes) I didn't open the packaging for the charger / headphones or anything else.

I called very.co.uk to say I was returning it. However the operator on the phone said they might not be happy that the phone has been switched on and therefore may refuse to accept the return. He said it has to pass the returns guarantee. I asked him what was the criteria for passing the returns guarantee to which he didn't provide a clear answer.

I have sent the phone back by special delivery today.

I am now worried they are going to make me buy this phone simply for switching it on for less than two minutes!

What are my rights, if this situation occurs? I mean how could I possibly know if I want it or not without switching it on?

Hope someone can help!

Thank you

Since posting this I received a full refund from Very.co.uk

bod1467

The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 cover this transaction. (The successor to the Distance Selling Regulations). Essentially, for a change of mind return, they are allowed to reduce the amount of refund to cover any loss in value of the product due to you having had it.

If they sell it on as a new item then there is no loss of value; if they have to sell it as a returned item then there will be a loss of value - they are entitled to recover that loss from the refund. (I'm guessing this is what they meant by "it has to pass the returns guarantee").

Why is it not suitable? What did turning it on prove to you versus not turning it on?

grumbler

bod1467 wrote: »

... they are allowed to reduce the amount of refund to cover any loss in value of the product due to you having had it.

If they sell it on as a new item then there is no loss of value; if they have to sell it as a returned item then there will be a loss of value - they are entitled to recover that loss from the refund. (I'm guessing this is what they meant by "it has to pass the returns guarantee").

I know, 'Which?' aren't the last instance, but what they say is:

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.
The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop.

I think switching the phone on is within this "extent".

Meks

Thank you!

It just wasn't what I expected. I have not been able to find a live phone on display at any of the local phone shops (they were all dummies) so wanted to switch it on to see what it was about - just seemed overly complicated to operate.

Meks

bod1467 wrote: »

The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 cover this transaction. (The successor to the Distance Selling Regulations). Essentially, for a change of mind return, they are allowed to reduce the amount of refund to cover any loss in value of the product due to you having had it.

If they sell it on as a new item then there is no loss of value; if they have to sell it as a returned item then there will be a loss of value - they are entitled to recover that loss from the refund. (I'm guessing this is what they meant by "it has to pass the returns guarantee").

Why is it not suitable? What did turning it on prove to you versus not turning it on?

Sorry - do you know how much they can reduce my refund to? Surely cant be that much can it?

Appreciate any advice!

Meks

grumbler wrote: »

I know, 'Which?' aren't the last instance, but what they say is:

I think switching the phone on is within this "extent".

Thank you very much! I have a sinking feeling that they will refuse to accept the return - or atleast try, but I will fight this if I have to!

SeduLOUs

2 minutes is nowhere near enough time to get to grips with a smartphone. If you can decide that quickly that it is too complicated then I wouldn't recommend trying any other smartphones.

Most shops do have live phones for you to play with if you ask - they just don't always have them on display because of the risk of theft, and it's a pain to get a proper feel of the weight and handling of the phone when it is screwed down.

I don't think it's unreasonable for Very to deduct an amount as this is now a second hand phone. They can't just simply send it on to another customer as a new item.

Meks

SeduLOUs wrote: »

2 minutes is nowhere near enough time to get to grips with a smartphone. If you can decide that quickly that it is too complicated then I wouldn't recommend trying any other smartphones.

I don't think it's unreasonable for Very to deduct an amount as this is now a second hand phone. They can't just simply send it on to another customer as a new item.

I didn't put my sim card in or anything though?

SeduLOUs

Maybe that wouldn't matter to some people but if I spent several hundred pounds on a brand new phone, I don't want one that has had someone's mitts on it 'trying it out' regardless of how long it was for.

If all the screen protectors are 100% in tact and the box and accessories are pristine to the point that a customer could never tell, then maybe they'll get away with it and you'l get your refund, but if I got a box that looked like someone has already rummaged in it or so much as a fingerprint on the phone I'd want it replacing with a new one. If I wanted second hand I'd save myself £100 or more and go to eBay.

anotheruser

Did you break any seal on the box?
If so, this may be the deal breaker.

Turning the phone on/off won't be. However if you skipped through the setup and had a play, then when they turn it on, it won't ask them about setting up accounts.
However if you reset the phone, then the next time it is turned on, it'll ask you to set up the phone properly.
Granted, very.co.uk could just do this but the first mistake was buying from them to begin with :P

macman

How would you feel if you bought a 'new' phone and found a little message in the box saying 'actually we lied, it's not quite new, but has only been switched on for two minutes, honest!'?
It's now second hand and he value is reduced accordingly, they cannot sell it as new.
I fail to see what switching it on for two minutes without a SIM installed could possibly tell you about it that would change your mind about it.
Their returns policy on mobiles is as below: it's clearly shown against the item.
'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'
Quite what 'installed' means is unclear.