Can anyone advise re: returning a television bought online?

neilmcl

davidjameslevy wrote: »

Yes, I have now tested it with multiple items.

Faulty aside, am I not entitled to a refund regardless under consumer protection laws?

If it is faulty and as you've owned it less than 30 days then yes you can reject it for a full refund but be aware you may be asked to prove the fault exists and is inherent to manufacture.

As it was a distance sale you can cancel it for a refund but as it's been used the retailer can deduct an amount to take into account any reduction in the value of the goods if your handling of the goods go beyond what is necessary.

davidjameslevy

Thank you. Is there any sort of clear definition of 'necessary'. I have taken it out of the box and tried it, which is what they're defining and using to deduct 45% of the cost.

naedanger

davidjameslevy wrote: »

Thank you. Is there any sort of clear definition of 'necessary'. I have taken it out of the box and tried it, which is what they're defining and using to deduct 45% of the cost.

See regulation 34 {in particular 34(9) and 34(12)} of the following (but it is pretty much what I said in post number 12):

http://www.legislation.gov.uk/uksi/2013/3134/pdfs/uksi_20133134_en.pdf

If you did not handle the tv you received more than a shop assistant would have handled it, had you asked them to show you it out of the box in a shop, then in my view you should be due a full refund under the above regulations.

wealdroam

davidjameslevy wrote: »

Thank you. Is there any sort of clear definition of 'necessary'. I have taken it out of the box and tried it, which is what they're defining and using to deduct 45% of the cost.

Yes there is. It is in Regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, where it says (amongst other things):

Reimbursement by trader in the event of withdrawal or cancellation

(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.

(10) An amount that may be recovered under paragraph (9)—

(a) may be deducted from the amount to be reimbursed under paragraph (1);

(b) otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(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.

Paragraph (12) is the bit you want.

photome

You wouldn't normally expect to turn a tv on and try it in a shop, you would try a display model.

The OP has decided to ignore all the questions of wether it really is faulty.

naedanger

photome wrote: »

You wouldn't normally expect to turn a tv on and try it in a shop, you would try a display model.

In which case, if the op has not handled the tv more than they would have handled a display model then they should be due a full refund.

wealdroam

naedanger wrote: »

In which case, if the op has not handled the tv more than they would have handled a display model then they should be due a full refund.

Surely that would only be true if the consumer was about to buy the model on display?

photome

naedanger wrote: »

In which case, if the op has not handled the tv more than they would have handled a display model then they should be due a full refund.

they didnt buy a display model.

display models sell for less

bod1467

Why are you both thinking naedanger is even talking about buying a display model? It's patently obvious he means "a model on display in a shop". In other words, a TV that the shop has on display for customers to try out ... if the delivered TV hasn't been handled any more than such a model then the OP could argue for a full refund.

davidjameslevy

Good morning all - thank you for your help and advice. Not avoiding a question of whether the item is faulty - not even sure where that idea came from - but yes, we are of the opinion it is faulty.

What appears to be emerging is a dispute about what constitutes the sort of use one can reasonably expect before being able to ascertain whether it's suitable for purpose. Obviously what is reasonable in a shop where there is a display model is in no way related to what you have at home when you recieve a large cardboard box.

Appreciate the advice already given and look forward to seeing what else you guys might come up with!