can previously registered electronic goods be sold as new?

ejvw71

I've just bought a gps watch online but when I plugged it into the computer to load up the software it showed as already registered to another email address. I contacted the retailer and they said that it was a return but they had forgotten to do the factory reset. .

Surely as it's definitely been registered online (Which you can only do by plugging the actual device in) and required a reset it is not brand new as it has been to some extent used so can it actually be marketed as brand new with no note that it has been reset (or not in this case!)?

I'm interested to know what people think

They have offered to refund my money if I return it, but if I send it back it will be 3rd hand by the time the next poor person gets it!!

neilmcl

So what exactly do you want?

ejvw71

I just want to know (out of interest) if it is legal to advertise something as new when the retailer knows that it has been previously registered. I have seen on other electronics retailer sites stock listed as A grade customer returns, basically new but reset and I wondered if that is a legal obligation

Fosterdog

There has been a breach of DPA if you have received an item with another persons information already linked however you bought it thinking it was completely sealed and brand new, it may well be an unintentional breach if the previous person returned it as unopened and unused and it wasn't obvious from the packaging that was a lie on their part. It would then be added to new pristine stock. You have no way of knowing that the retailer knew it had been previously registered. If they had known they would have performed a reset.

Not all companies work with a grading system on returned stock and I've never seen a law that say they have to. If you bought a jumper you have no way to know if it has ever been bought and returned, it may be fresh in from a delivery or been bought and returned 10 times already.

I've never seen a clothes shop sell returned items in pristine condition as anything other than new stock, different if it has signs of use or damage.

bingo_bango

ejvw71 wrote: »

I just want to know (out of interest) if it is legal to advertise something as new when the retailer knows that it has been previously registered. I have seen on other electronics retailer sites stock listed as A grade customer returns, basically new but reset and I wondered if that is a legal obligation

The short answer is no it isn't legal.

The longer answer is that it is highly likely to constitute a misleading omission (or possibly a misleading action depending on the exact circumstances) and therefore cause for action under the CPR's.

unholyangel

ejvw71 wrote: »

I just want to know (out of interest) if it is legal to advertise something as new when the retailer knows that it has been previously registered. I have seen on other electronics retailer sites stock listed as A grade customer returns, basically new but reset and I wondered if that is a legal obligation

I have to say, I've never seen any retailer advertise a specific item as new/unused unless referring to a new design/product rather than it not being in anyone elses possession.

BrentMeister

The joys of online shopping.

We all want the 14 days to buy something, handle it (within reason) and then return it if we dont like it, but then we dont like receiving goods that have been handled.

On a further note, someone mentioned clothing. Who knows how many people have tried on that jumper instore to see if they liked it.

unholyangel

BrentMeister wrote: »

The joys of online shopping.

We all want the 14 days to buy something, handle it (within reason) and then return it if we dont like it, but then we dont like receiving goods that have been handled.

On a further note, someone mentioned clothing. Who knows how many people have tried on that jumper instore to see if they liked it.

And yet had the retailer wiped it, OP would probably be none the wiser and quite happy with their purchase.

BrentMeister

unholyangel wrote: »

And yet had the retailer wiped it, OP would probably be none the wiser and quite happy with their purchase.

Absoutely, exactly what I was thinking as it seems it was only that it had been prereigstered that gave it away.

Unfortunatly, people seem to want the best of both worlds, but to achieve that prices of items would have to dramatically increase which im sure no-one wants.

Zandoni

Personally I only accept brand new electrical goods if it's not factory sealed I send it back.