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Currys Laptop return refusal after notification of cancellation under CCRs

124

Comments

  • Bond76
    Bond76 Posts: 14 Forumite
    It wasn't a Mac was it?

    Nope - why would that be any different?
  • Bond76
    Bond76 Posts: 14 Forumite
    wealdroam wrote: »
    The question is does turning the thing on go 'beyond the sort of handling that might reasonably be allowed in a shop'?

    In my opinion, it does.

    In my opinion it doesn't - I have done nothing different than that which would normally be available within their usual extensive testing areas in store.

    I've turned it on (sometimes their display models are turned off). Opened up some pre-installed software (Office etc), browsed the web, watched a bit of Netflix to ascertain screen quality etc.

    What's the difference?
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Bond76 wrote: »
    In my opinion it doesn't - I have done nothing different than that which would normally be available within their usual extensive testing areas in store.

    I've turned it on (sometimes their display models are turned off). Opened up some pre-installed software (Office etc), browsed the web, watched a bit of Netflix to ascertain screen quality etc.

    What's the difference?

    You said yourself earlier you would "of course not" be happy to have spent £1600 on a laptop to find it has been taken home and 'fiddled with' (your words) by another customer. Therefore the laptop has diminished value. You yourself admit you would not be happy paying full price, neither would anyone else, and the store know that.

    The laptop is now used.

    Honestly you have gone WAY beyond, using it to watch Netflix? You really think in a store you can sit down and watch a bit of Better Call Saul?

    No. The fact there wasn't a display model of that one makes no difference.
  • Bond76
    Bond76 Posts: 14 Forumite
    edited 31 August 2015 at 9:26PM
    Honestly you have gone WAY beyond, using it to watch Netflix? You really think in a store you can sit down and watch a bit of Better Call Saul?

    You are of course entitled to your opinion and are obviously far less particular about the functionality of your technology than I am. I did actually do most, if not more, of the things mentioned several weeks earlier on a few different models in one of their stores so your point is moot - and no - that did not include watching an entire episode of Better Call Saul (even though it is an excellent series!) but I did fire up some 4k stuff on a MacBook Pro retina to see what that was like (off an external disk).

    Additionally, and as mentioned before, I'm all for them telling me it has diminished value after they assess it. The issue is they haven't even acknowledged that they will do this. I'm not expecting a full refund. The entire point of this thread is they are a retail behemoth breaking consumer laws.

    If they don't want to abide by the laws on distance selling - they should not be selling their goods online!
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Bond76 wrote: »
    In my opinion it doesn't - I have done nothing different than that which would normally be available within their usual extensive testing areas in store.

    I've turned it on (sometimes their display models are turned off). Opened up some pre-installed software (Office etc), browsed the web, watched a bit of Netflix to ascertain screen quality etc.

    What's the difference?
    The difference is that you have opened a box containing a brand new machine and used it. Are you allowed to do that in store?

    I do agree with you that you are entitled to return the thing under CCRs, but as you acknowledge, you must expect a reduced refund.

    Our opinions differ - that often happens on forums.
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I do not usually have much sympathy for retailers but I do in this instance.
  • Plus the fact the laptop would need testing, anyone could buy a laptop, install malware, return it for a refund and wait until its sold on again. Wouldn't this laptop now be sold as "refurbished"?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    wealdroam wrote: »
    The difference is that you have opened a box containing a brand new machine and used it. Are you allowed to do that in store?
    I think that's playing a bit fast and loose with the interpretation of the law.

    To fully "establish the nature, characteristics and functioning" of a laptop you need to switch it on, see it boot up, check out the display, see how well the keyboard and mouse operates. You can do all this in a store (whether it's on a demo machine or not is a red herring imho) and thus doing so does not go beyond the sort of handling reasonably allowed in a shop.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    POPPYOSCAR wrote: »
    I do not usually have much sympathy for retailers but I do in this instance.
    Let's not bring sympathy into this, this is a consumer rights forum. ;)
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Plus the fact the laptop would need testing, anyone could buy a laptop, install malware, return it for a refund and wait until its sold on again. Wouldn't this laptop now be sold as "refurbished"?
    That would probably happen whether the OP turned the laptop on or not.
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