Currys Laptop return refusal after notification of cancellation under CCRs

BlueEyedGirl

You didn't just open it and inspect it, i.e. check the weight etc. You switched it on, therefore you must have set it up, and therefore it has diminished in value significantly.

NotRichAtAll

Had a fiddle to check suitability - didn't like it. It was heavier and bulkier than I expected it would be and the screen had some viewing angle issues. Packed it all back up in its box.

none of the above are valid reasons to return a product in my opinion, if our going to spend £1500 on a laptop then please buy one from a better place than currys and do your homework first.

out of curiosity what laptop was it?

shaun_from_Africa

zenmaster wrote: »

Click and collect?

If so, this is not a "distance contract" as defined in the CCR therefore the cancellation rights do not apply.

It will be a distance contract as the OP stated that they ordered and paid for the laptop online so the contract was concluded at a distance.

Bond76

fozmcfc wrote: »

...when it comes to something like a laptop, it's very tricky.

In this case, if any software is activated, then it becomes personalised to the user. Personalised items, can not also normally be returned.

After the machine is on and windows registered...

I'd argue my case that the document on gov.uk (referred to by unholyangel - sorry can't link directly as I am too new-a-user it would seem) covers me under section 33 Reimbursement by trader in the event of withdrawal or cancellation - Item 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.

nature, characteristics and functioning of the goods - laptop functionality would be covered under this surely?

As for personalisation, no software was activated, it is all pre-activated and installed by the manufacturer as I understand it (the same which can be restored to factory as far as I am aware using the built-in recovery partition). So basically, if they end up agreeing on the return, I can get it back out of the box, reset it and it would be just like it was when I originally opened it.

If it was damaged or had physical signs of use, yes - I'd agree diminished value, but that is not the case here. I haven't even plugged the charger in!

Bond76

BlueEyedGirl wrote: »

You switched it on, therefore you must have set it up, and therefore it has diminished in value significantly.

Your opinion - as in my reply to fozmcfc: how has it diminished in value significantly if I can restore it to factory?

I would have just kept my mouth shut on the original call to them if I knew what I know now about this...

molerat

Bond76 wrote: »

Your opinion - as in my reply to fozmcfc: how has it diminished in value significantly if I can restore it to factory?

I would have just kept my mouth shut on the original call to them if I knew what I know now about this...

I could factory restore my laptop but the BIOS shows date and time of first start up from new.

unholyangel

fozmcfc wrote: »

It would be interesting to know the outcome, if you do pursue it, as you may find a judge will agree with you.

What Bris says is right, when it comes to something like a laptop, it's very tricky.

Not all items can be returned under the different regulations. Items such as jewellery unless faulty can't be returned for instance, due to hygiene reasons.

In this case, if any software is activated, then it becomes personalised to the user. Personalised items, can not also normally be returned.

If you have opened the box, picked it up and thought, nope too thick, too heavy etc, then I think that is reasonable inspection, but after that it is questionable.

After the machine is on and windows registered, then if you were to find for instance, that they had put 8gb of ram on the description and it only had 4gb, then you could look at returning it as mis-described.

Actually thats not true. What the regulations actually state is:

(3) The rights conferred by this Part cease to be available in the following circumstances—

(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

It is only if they are sealed goods and only if they are unsealed after delivery that you can lose the right to cancel. If you don't unseal them - or if they weren't sealed, then you still have the right to cancel.

zenmaster wrote: »

Click and collect?

If so, this is not a "distance contract" as defined in the CCR therefore the cancellation rights do not apply.

Its entirely a distance contract as defined in the CCRs. From the interpretation of the CCRs themselves:

“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

Bond76

molerat wrote: »

I could factory restore my laptop but the BIOS shows date and time of first start up from new.

Thanks for you input - but your point is? - I can turn it on as part of the inspection to ascertain "characteristics and functioning of the goods" - I'd do that in a store, so what's the difference at home?

marliepanda

Bond76 wrote: »

Thanks for you input - but your point is? - I can turn it on as part of the inspection to ascertain "characteristics and functioning of the goods" - I'd do that in a store, so what's the difference at home?

You can't start up a new laptop in store. You can play with the demo one, but you don't go get the one out of the box.

Factory reset is not 'as new' and the store can no longer sell it as new.

If you buy a new laptop tomorrow, and find out it was actually taken home and handled like you have at home from another customer, would you be happy spending £1600 on a laptop that has already been used by someone else?

Bond76

marliepanda wrote: »

If you buy a new laptop tomorrow, and find out it was actually taken home and handled like you have at home from another customer, would you be happy spending £1600 on a laptop that has already been used by someone else?

Of course not - but that's not the point of this thread. This thread was started to ascertain if DSG Retail is breaking the law as far as my consumer rights are concerned and figure out what the best course of action would be for me to amicably settle my dispute with them!

Besides - they didn't have this specific model on display, so I had no way of inspecting it in-store.