Rights to returning a smartphone bought online

SeduLOUs

grumbler wrote: »

That's what the law exists for.
If they want to make a deduction, they have to prove.
It's their problem how they do this, not the customer's.

If they can't comply with the law or find it to expensive to comply, they have to stop selling online and start renting high street shops instead.

Which is exactly the point I've made all along?

From my first post: "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."

But then you started to argue about different grades of second-hand and it sounded like you were trying to imply that OP should get a full refund. I argued against this as there is no way Very can sell the item as new - as an absolute minimum the box seals have been broken, and the phone will now have to be tested by Very to determine whether the phone is still in any sort of condition for resale and therefore what the value of the reduction might be.

grumbler

SeduLOUs wrote: »

Which is exactly the point I've made all along?

From my first post: "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."

No, it's not exactly the point.
My (Which?'s actually) point was that opening the box and switching the phone on for 10 minutes couldn't be a legitimate reason for a deduction.

d123

grumbler wrote: »

Because, according to 'Which?', the law says so.
If they are wrong, prove them wrong.

If Very want to make a deduction they have to prove that the usage was more extensive than it would be if the customer was assessing the item in a shop.

The link is http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

I don't know of many shops that will bring stock out of the stockroom and allow you to switch it on before buying it though.

grumbler

d123 wrote: »

I don't know of many shops that will bring stock out of the stockroom and allow you to switch it on before buying it though.

Yes - because they have the goods displayed that customers can check.

If remote sellers want to get unopened boxes back nothing stops them from enclosing a demo item with a free return package.

d123

grumbler wrote: »

Yes - because they have the goods displayed that customers can check.

If remote sellers want to get unopened boxes back nothing stops them from enclosing a demo item with a free return package.

Not always, and I've noticed more use of non working dummies in many phone shops. You can pick it up and handle it but can't actually use it.

I've also noticed in CPW it's becoming quite common for even the non working dummies to be missing or broken. I know CPW won't normally open a box to show you a phone before you buy if they don't have a demo or dummy on display.

anotheruser

Just so you know, the actual definition of "Second Hand" is this:

noun
an extra hand in some watches and clocks which moves round to indicate the seconds.

Thought it might clear up some confusion :P

DCFC79

Meks wrote: »

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.

Overly complicated, my first experience of android wasn't complicated, I found it easy to get used to.

Have you used a smart phone before ?

tyllwyd

I was wondering how the OP knew that the phone was overly complicated as well - if it was only on for a couple of minutes and the OP hadn't registered any details, then wouldn't it just have been going through the usual process of getting started with an Android phone? I don't see how you would really know at that point whether it was more or less difficult to use than any other Android phone.

mrochester

DCFC79 wrote: »

Overly complicated, my first experience of android wasn't complicated, I found it easy to get used to.

Have you used a smart phone before ?

If you're coming from an iOS or Windows Phone device, Android is definitely considerably less sophisticated as an operating system.

chanz4

However by buying it, it told you the terms in advance did it not? Also very has a big red sticker on every box