John Lewis won't accept return...please help

ashep78

I recently bought a laptop from John Lewis (pixelbook Go) and realised after I tried using it that it wasn't fit for the purpose I bought it for. I read through MSE consumer rights stuff and understood that as I bought it online I had a right to return it, even though I have used it. It was less than 14 days since I bought it. They told me no on the phone so I followed up with an email saying:
"According to the Consumer Contracts Regulations 2013 I have the right to cancel my order and receive a refund.  John Lewis terms and conditions do not supplant my statutory rights. It was necessary to try the product to establish the nature, characteristics and functioning of the goods. I very quickly discovered it was unfit for purpose and I have to purchase another laptop. "
They responded with; 
"At John Lewis & Partners we adhere to Consumer Rights and any regulations in force.
Your rights are that you may inspect any item for suitability, but once the laptop has been opened and turned on and personalised in any way, this is then classed as the item being in a used condition, therefore is not  re-saleable.
I am sorry on this occasion I am unable to approve the return of this laptop."
Is there anything else I can do? Have I misunderstood the law?! 
TIA
Alice

Carrot007

You have the right to return it. They have the right to reduce the value since it is used.

Not fit for purpose is only relevant if you made them aware of what you wanted it for and they accepted this. So I shall assume no claim there.

hollydays

Do you. It mean it wasn't suitable for you?Thats not the same as not fit for purpose.

[Deleted User]

ashep78 said:Have I misunderstood the law?! 

Yes not only have you used the item,  you've inaccurately described it as "not fit for purpose". 

Clearly it's "purpose" is to be a laptop built to a certain specification. If that spec is not to your requirements that merely makes it "unsuitable" for you personally. 

In essence you've rendered the laptop secondhand. Instead, you should have done some reading around on the product description to ascertain if it would fulfil your prerequisites. 

It's not all bad, you can certainly sell it on as (truthfully) barely used. Of course you'll take a financial hit on that, but that's the price you pay for not doing due diligence prior to purchase.  

Hermione_Granger

Moneyineptitude said:

Yes not only have you used the item,  you've inaccurately described it as "not fit for purpose". 
Clearly it's "purpose" is to be a laptop built to a certain specification. If that spec is not to your requirements that merely makes it "unsuitable" for you personally

What you've stated above isn't really correct.
What the OP actually stated was:

ashep78 said:

I recently bought a laptop from John Lewis (pixelbook Go) and realised after I tried using it that it wasn't fit for the purpose I bought it for. 

Socajam

Hermione_Granger said:

Moneyineptitude said:

Yes not only have you used the item,  you've inaccurately described it as "not fit for purpose". 
Clearly it's "purpose" is to be a laptop built to a certain specification. If that spec is not to your requirements that merely makes it "unsuitable" for you personally

What you've stated above isn't really correct.
What the OP actually stated was:

ashep78 said:

I recently bought a laptop from John Lewis (pixelbook Go) and realised after I tried using it that it wasn't fit for the purpose I bought it for. 

I recently bought a laptop from John Lewis (pixelbook Go) and realised after I tried using it that it wasn't fit for the purpose I bought it for. I read through MSE consumer rights stuff and understood that as I bought it online I had a right to return it, even though I have used it. It was less than 14 days since I bought it. They told me no on the phone so I followed up with an email saying:

Hermione_Granger

Even if the laptop has been used excessively, this doesn't detract from the legal right of cancellation under the Consumer Contract regulations and JL are breaking the law by stating otherwise.
Yes, John Lewis can reduce the amount of any refund but provided that the requirements of the CCR's are met, a return must legally be accepted.

This is even stated by John Lewis on their website:

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

DoaM

Hermione_Granger said:

Moneyineptitude said:

Yes not only have you used the item,  you've inaccurately described it as "not fit for purpose". 
Clearly it's "purpose" is to be a laptop built to a certain specification. If that spec is not to your requirements that merely makes it "unsuitable" for you personally

What you've stated above isn't really correct.
What the OP actually stated was:

ashep78 said:

I recently bought a laptop from John Lewis (pixelbook Go) and realised after I tried using it that it wasn't fit for the purpose I bought it for. 

Given that the 1st reply to this thread clarified this matter I'm not sure why you've tried to pick apart Money's post. Unless the OP made their intended purpose clear to the seller prior to purchase (which is highly unlikely) then fit for purpose is not an aspect of consumer law that applies here.

[Deleted User]

ashep78 said: I followed up with an email saying:

"According to the Consumer Contracts Regulations 2013 I have the right to cancel my order and receive a refund.  John Lewis terms and conditions do not supplant my statutory rights. It was necessary to try the product to establish the nature, characteristics and functioning of the goods. I very quickly discovered it was unfit for purpose and I have to purchase another laptop. "

So, just as I said, the OP did indeed describe the item as "unfit for purpose" in their e-mail to John Lewis. 

shaun_from_Africa

ashep78 said:

I recently bought a laptop from John Lewis (pixelbook Go) and realised after I tried using it that it wasn't fit for the purpose I bought it for. 

What exactly is the problem? Is it something that can be sorted by modifying the laptop (such as a bigger HDD or more RAM) if this is possible with the Pixelbook?
If so this may be the easiest route to take and could involve less of a loss than reselling and buying something else.

ashep78

Thanks for your replies everyone. I'm going to try and work around the problem and learn from my mistake! More research next time...