Cash Converters Problem

Surreguy1982

Turned on and set up, then a change of mind, immediately reset and put back in the box.

Fosterdog

Well the phone was used by you so no longer holds as new value and cannot be sold as new only as second hand.

Most modern phones (and at £600 it must be a modern smart phone) require at minimum an internet connection and account creation/login to even set it up to try it out so in order for you to turn it on and try it out you've also linked it to an account and connected it to the internet. This process automatically activates the manufacturers warranty as the first time the phone is used which means whoever they sell it to next will not have the full length of warranty through the manufacturer.

Even most phone shops have specific demo versions of phones that are locked down preventing you from things like downloading apps, open browsing, logging into accounts, on 5e one you bought you could have done anything to it I'm guessing if you'd bought it as brand new and at brand new price you would not be happy if it arrived out of sealed packaging and previously turned on and tested by another customer before being sent back. At minimum you would want a discount to allow for that use.

LilElvis

Surreguy1982 wrote: »

Turned on and set up, then a change of mind, immediately reset and put back in the box.

Which is why the seller wishes to reduce the amount to be refunded to you - because they believe that your handling of the phone has gone above what they believe is necessary and has devalued the item. You're going to have your work cut out to prove otherwise. Why you should go and "play" with a phone in a physical store and then purchase once you have established you will be happy with a particular model.

Aylesbury_Duck

Surreguy1982 wrote: »

Turned on and set up, then a change of mind, immediately reset and put back in the box.

It's the "set up" and "reset" bits that have caused the problem. It's no longer a sealed, unused phone. I think you're going to struggle to get a full refund.

bris

Nobody wants to pay full price for anything that is unsealed.


You can't go into a shop, unseal a brand new phone and turn it on so it has gone beyond what you can do in a shop.


Some shops have display models, but that doesn't mean if the one you want isn't on display you can just open one. This is effectively what the OP did.

George_Michael

bris wrote: »

You can't go into a shop, unseal a brand new phone and turn it on so it has gone beyond what you can do in a shop.

The UK government think otherwise:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

14. You have a right to deduct monies from refunds where goods show signs of unreasonable use leading to diminished value. You cannot usually deduct for removal of packaging to inspect the item, but you can deduct for damage or wear and tear where the item has not just been checked but used.

The right of a business to refuse a refund because a product has been unsealed only applies to goods that can't be resold due to health or hygiene reasons, something that doesn't apply to a phone.

SHAFT

George_Michael wrote: »

The UK government think otherwise:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf


The right of a business to refuse a refund because a product has been unsealed only applies to goods that can't be resold due to health or hygiene reasons, something that doesn't apply to a phone.

But the op has set up the phone. No bout inserted as SIM card possibly locking it into a network. Which is a bit more than opening the box.

Aylesbury_Duck

George_Michael wrote: »

The UK government think otherwise:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf


The right of a business to refuse a refund because a product has been unsealed only applies to goods that can't be resold due to health or hygiene reasons, something that doesn't apply to a phone.

I wonder how much the OP's "set-up" involved though? As stated earlier, set up often involves connection to WiFi or cellular network and the input of an email address. Can the retailer really re-sell the phone as unused when it clearly has been?

George_Michael

SHAFT wrote: »

But the op has set up the phone. No bout inserted as SIM card possibly locking it into a network. Which is a bit more than opening the box.

Aylesbury_Duck wrote: »

I wonder how much the OP's "set-up" involved though?

I'm not disputing the fact that the shop can refuse to refund the full price if the OP has set up the phone.
What I was disputing was the comment from bris that a refund can be refused simply because the phone was unsealed and turned on.

bris wrote: »

You can't go into a shop, unseal a brand new phone and turn it on so it has gone beyond what you can do in a shop.

Some shops have display models, but that doesn't mean if the one you want isn't on display you can just open one. This is effectively what the OP did.

You can unseal a phone and turn it on as this is the only way to "establish the nature, characteristics and functioning of the goods" and doing this alone doesn't affect your right of cancellation and return for a full refund.

mattyprice4004

But they haven't just taken it out and turned it on, they've set it up - which includes linking it to an account and going through all the set up options.

That, in my opinion, is going beyond what is covered in the CCRs.