Rights to return a computer bought online

MarkWatson

I bought a computer from PC World online, and now wish to return it. I am doing so within 7 working days but I do not have the original packaging. I have also switched the computer on and tested it.


I believe I am entitled to get a full refund without returning the packaging and despite having switched the machine on and used it to test it. PC World says I am not.


Does anyone who knows the regulations know who is correct?

neilmcl

Is the PC faulty or just not to your liking?

When you say you tested it, what exactly did that entail?

Under the new CCRs you can cancel your contract but the seller is entitled to deduct a reasonable amount if 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" and "For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop"

The very fact you don't have the original packaging is enough for them to make a deduction.

MarkWatson

Thanks for the answer Neil. I want to return it as it is not to my liking (it is too slow). If I do a factory reset then the computer will be effectively unchanged.

In terms of the packaging, I can't see anything in the regulations which suggest a deduction is justified - is there anything?

Esqui

I would presume that disposing of the packaging goes beyond what you would normally be able to do in a shop, and does diminish the value of the goods.

wealdroam

MarkWatson wrote: »

In terms of the packaging, I can't see anything in the regulations which suggest a deduction is justified - is there anything?

Yes there is... as Neil has already told you.

I guess you missed this bit in Regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

(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.

Further explanation is given:

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

I would think that discarding the packaging is going beyond "the sort of handling that might reasonably be allowed in a shop".

Having said that, the seller is still obliged to accept the cancellation, just that you cannot expect a full refund.

MarkWatson

Ok, thanks. In the case of this PC it was a refurbished one which came in brown cardboard so I would imagine any charge for that could only be nominal. But as you say, they cannot refuse me a refund on the basis of not having it, which is what they are currently saying.


I would also assume they are wrong re not being allowed to switch the machine on to test it by loading programs and using them. As long as I reset the factory settings then it is, to all intents and purposes, as good as when I bought it - unless someone has another view? When I switched it on and realised it was too slow as it loaded, that seems a reasonable test.

Esqui

Not really, it's still possible to retrieve your data with the right software.

wealdroam

MarkWatson wrote: »

I would also assume they are wrong re not being allowed to switch the machine on to test it by loading programs on and using them. As long as I reset the factory settings then it is, to all intents and purposes, as good as when I bought it - unless someone has another view?

Does that go "beyond the sort of handling that might reasonably be allowed in a shop"?

In my opinion, it does.

But you decide.

bris

You can't go into a shop and throw away the packaging then load up your own programs can you?


This is the whole basis on the CCR, you have gone beyond what is reasonable. Expect a fight and you can't expect a full refund.

MarkWatson

If I used a computer in a shop then it would not be in packaging and it would presumably have software on it for it to be testable.

wealdroam

MarkWatson wrote: »

If I used a computer in a shop then it would not be in packaging and it would presumably have software on it for it to be testable.

Yes of course there might well be display models.
You seem to be saying here that you would be willing to accept a display model, as new.

I do not know of any shop where you can open a box with a computer in it, start it up and load your own software on it.
Do you?