Legally entitled to refund or exchange?

Enigmaman

I had purchased an electrical item from Argos which is still within its three year extended warranty.
Unable to visit my local store atm I was told to order a replacement online and sort out a refund when they reopen.
I now find the item is not as good as its predecessor model but only now I have opened and used it.
As far as I can see from Argos' Ts and Cs this rules out an exchange/refund but I was wondering what the rules around distance selling and using items were. I suspect using it rules out a return - am I right?

Aylesbury_Duck

Under the distance selling terms, you are allowed reasonable handling to determine the item's suitability.  It depends on the product and to what extent you've used it.  Opened a tech device and installed software on it?  Probably not returnable.  Opened a boxed hairdryer and seen that it's the wrong size or shape and then packaged it back up?  Returnable.  

the_lunatic_is_in_my_head

Aylesbury_Duck said:

Under the distance selling terms, you are allowed reasonable handling to determine the item's suitability.  It depends on the product and to what extent you've used it.  Opened a tech device and installed software on it?  Probably not returnable.  Opened a boxed hairdryer and seen that it's the wrong size or shape and then packaged it back up?  Returnable.  

Just to note both are returnable, the first situation may permit a deduction for diminished value if the retailer has provided certain required information. 

Enigmaman

Thankyou both. I think I will ask for an exchange now. 

theonlywayisup

Unless I missed it, I can't see where you say how long ago you purchased the item.
When did you purchase it?

Enigmaman

A few days ago.