Curry's refuse return

Ian_skinner

I have bought an Acer chrome book on line from currys, when I turned on it asked me to set up a gmail account to continue, I did this, decided after setting up I didn't like the running of the tablet and want to return it. I'm told on the phone that the tablet is now USED and can't be returned, it does state this in all the small print, have I just been totally daft or can I get them to take it back ?
Thanks

Fosterdog

As it was bought online they cannot refuse you a change of mind return as long as you informed them of your intention to cancel within 14 days (you get a further 14 to return it). They can however reduce your refund up to 100% for the diminished value of it because you used it. A second hand Chromebook will not be worthless so depending on the original cost, condition and whether or not you have kept the packaging maybe 10-25% reduction would be reasonable.

Make sure you tell them you are cancelling under the Consumer Contracts Regulations 2013 and not their own company returns policy.

powerful_Rogue

I would say more along the lines of 50% reduction would be justified.

The reduction will take into account the process of having to inspect and wipe the device and then on top of that it will have to be sold at a second hand price.

Looking at the top price Acer Chromebook at Currys - £299. I certainly wouldn't pay anymore then £200 for a secondhand one.

Ian_skinner

Have spoken to currys again quoting your message and a full refund is being issued.

powerful_Rogue

Ian_skinner wrote: »

Have spoken to currys again quoting your message and a full refund is being issued.

Great result. Very lucky no reduction was made.

CoolHotCold

You are somewhat lucky to be able to return at all, and get a full refund.

The relevant law is the Consumer Contracts Regulations, and you happened to break paragraph 34(9), which is expanded on in 34(12)


>(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.

>(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.



Essentially what it says is that the trader is allowed to reduce the refund you are entitled, up to the value that you paid if you handled the goods in a way that you would not be able to in a shop.


As you can not store or login to personal accounts in the store demo chromebooks, this is what they initially based their refusal on.


Their interpretation of "No refunds" is wrong, but I believe it is simply easier for consumers to understand this than the correct wording of "You can return the Chromebook, but you won't receive any money back".


Essentially, the golden rule for the new CCR is if you can't do it in store, don't do it at home if you're unsure about your purchase.