Returning unsatisfactory PC to AO.com

MalMonroe

DoaM said:

https://www.legislation.gov.uk/uksi/2013/3134/part/3/made ... section 34(9)

I've told you why we're right, fred - show us why we're wrong.

I can show you why, that link is two years out of date. The Consumer Rights Act 2015 says 

"Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly. 

This right is limited to 30 days from the date you take ownership of your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period. 

This right to a refund doesn't apply to products you've bought as downloads, though - such as music, games or apps. 

You can, however, ask for a digital product to be repaired or replaced if it develops a fault. And if this isn't possible, or is unsuccessful, you have the right to receive a price reduction."

MalMonroe

DoaM said:

loulybelle said:

So AO.com have agreed to a full refund.

Glad you got the resolution you wanted - you were fortunate. If AO had been obstinate rather than providing this gesture of goodwill your options would have been limited.

No they wouldn't have been limited at all. It's not a gesture of goodwill. It's the law. The item didn't work properly and when that happens consumers are entitled to a full refund. As per the Consumer Rights Act, 2015.

MalMonroe

So pleased the OP got the full refund she was entitled to, as per Consumer Rights Act 2015 which nobody on here, except Fred, seemed to understand. And if she hadn't got it through that Act, there was the Section 75 credit card refund scheme to try. 

Well done, OP and also, well done Fred!

the_lunatic_is_in_my_head

MalMonroe said:

DoaM said:

https://www.legislation.gov.uk/uksi/2013/3134/part/3/made ... section 34(9)

I've told you why we're right, fred - show us why we're wrong.

I can show you why, that link is two years out of date. The Consumer Rights Act 2015 says 

"Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly. 

This right is limited to 30 days from the date you take ownership of your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period. 

This right to a refund doesn't apply to products you've bought as downloads, though - such as music, games or apps. 

You can, however, ask for a digital product to be repaired or replaced if it develops a fault. And if this isn't possible, or is unsuccessful, you have the right to receive a price reduction."

The link from Doam is regarding your right to cancel your contract (which is what Fred was referring to when he mentioned the defunct Distance Selling Regulations), you are referring to goods not conforming to the contract, the two are very different hence there are two active pieces of legislation to cover them.

Fred's statement that you can buy anything online, use it and return it for a full refund in all circumstances incorrect. 

Your advice quoted, which the regular posters are well versed in, is correct but excludes one very important aspect, when excising the 30 day right to reject it is not taken that the goods did not conform, i.e the retailer can insist the consumer demonstrate the goods did not conform to contract.

wealdroam

MalMonroe said:

DoaM said:

https://www.legislation.gov.uk/uksi/2013/3134/part/3/made ... section 34(9)

I've told you why we're right, fred - show us why we're wrong.

I can show you why, that link is two years out of date. The Consumer Rights Act 2015 says 

"Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly. 

This right is limited to 30 days from the date you take ownership of your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period. 

This right to a refund doesn't apply to products you've bought as downloads, though - such as music, games or apps. 

You can, however, ask for a digital product to be repaired or replaced if it develops a fault. And if this isn't possible, or is unsuccessful, you have the right to receive a price reduction."

I don't know what you are quoting from but it is certainly not the Consumer Rights Act 2015.

Manxman_in_exile

wealdroam said:

MalMonroe said:

DoaM said:

https://www.legislation.gov.uk/uksi/2013/3134/part/3/made ... section 34(9)

I've told you why we're right, fred - show us why we're wrong.

I can show you why, that link is two years out of date. The Consumer Rights Act 2015 says 

"Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly. 

This right is limited to 30 days from the date you take ownership of your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period. 

This right to a refund doesn't apply to products you've bought as downloads, though - such as music, games or apps. 

You can, however, ask for a digital product to be repaired or replaced if it develops a fault. And if this isn't possible, or is unsuccessful, you have the right to receive a price reduction."

I don't know what you are quoting from but it is certainly not the Consumer Rights Act 2015.

I've never read an Act of Parliament written in those terms either.

DoaM

It's probably from Which? or similar ... i.e. what someone else has interpreted the Act to say. And the CC(ICAC) regs still apply ... yes, the CRA 2015 provides additional and clarified rights and obligations vs the Sale of Goods Act which it replaced, but for change of mind cancellation of online (distance) contracts (which is what this thread is about) then the section of CC (ICAC) I referenced is what matters.

neilmcl

MalMonroe said:

neilmcl said:

fred246 said:

I wonder if people are getting confused because shops try to make their own laws which they can't. For instance Screwfix and Toolstation during lockdown both said you can't return items. "This doesn't affect your statutory rights". Your statutory rights are you can return items so they took returns without issue. They will stop a certain number of people from returning items which will increase their profits. I spotted the other day Screwfix had put on one very standard item "cannot be returned as made to order". It put me off ordering it but I could have bought it and then asserted my right of return. If you took them to court you would win because any sane judge would agree it wasn't "made to order".

Please, just stop now.

Fred isn't wrong!! He does know the law. Just because he's in the minority does not make him wrong. Good lord.

Are you going to start trolling this thread now too.

neilmcl

MalMonroe said:

So pleased the OP got the full refund she was entitled to, as per Consumer Rights Act 2015 which nobody on here, except Fred, seemed to understand. And if she hadn't got it through that Act, there was the Section 75 credit card refund scheme to try. 

Well done, OP and also, well done Fred!

You're clearly having a hard time understanding the difference between the Consumer Rights Act and the Consumer Contracts Regulations and how they apply. I suggest you do some reading before coming back. 

LoneMerc

MalMonroe said:

So pleased the OP got the full refund she was entitled to, as per Consumer Rights Act 2015 which nobody on here, except Fred, seemed to understand. And if she hadn't got it through that Act, there was the Section 75 credit card refund scheme to try. 

Well done, OP and also, well done Fred!

Long time lurker, first time poster. Going to be honest here I work in a customer service role as a subject matter expert and people like you and Fred who come through throwing interpretations of the law are my favourite people. Certainly brightens up my day to correct you 😉