Newspaper deal tablet - damaged

andyflemin

Hi folks,

This is complete shot in the dark, I doubt there’s anything that can be done but fingers crossed.

My elderly grandparents have recently bought a tablet from a newspaper “deal” and got completely ripped off. £180 for something that extremely poor quality build, at least 10 years out of date (3G mobile data, usb 2.0 and slots for full size and micro sims but not nano), out of date android OS and is being sold on the companies website for £100 (still a rip off in my opinion). 

I believe they are still within the time period to return under the distance selling regulations however the issue is that they have damaged it already (cracked screen and touch tracking doesn’t work above the crack). Do they have any rights of return for even a partial refund? I do not have much trust in the good faith of a company who takes out newspaper ads to scam old people.

Thanks very much

TadleyBaggie

If they have physically damaged it, their chances of returning it for a meaningful refund are virtually nil. Actually USB 2 on modern mobile devices isn't unusual, the latest iPhone 13 is only USB 2 compatible.

andyflemin

Thanks TadleyBaggie,

Thats about what I expected. Surprised about the iPhone, my 2 year old tablet (which I paid a lot less that £180 for) is USB 3.0

powerful_Rogue

andyflemin said:

Hi folks,

This is complete shot in the dark, I doubt there’s anything that can be done but fingers crossed.

My elderly grandparents have recently bought a tablet from a newspaper “deal” and got completely ripped off. £180 for something that extremely poor quality build, at least 10 years out of date (3G mobile data, usb 2.0 and slots for full size and micro sims but not nano), out of date android OS and is being sold on the companies website for £100 (still a rip off in my opinion). 

I believe they are still within the time period to return under the distance selling regulations however the issue is that they have damaged it already (cracked screen and touch tracking doesn’t work above the crack). Do they have any rights of return for even a partial refund? I do not have much trust in the good faith of a company who takes out newspaper ads to scam old people.

Thanks very much

If it's within 14 days, you do still have the right to return for a refund. However the company can deduct a percentage, upto 100% for excessive use/damage.

the_lunatic_is_in_my_head

The answer depends upon whether they provided the purchaser with the correct durable information regarding your right to cancel the contract.

If they did then there is the right to cancel and that period is at the end of 14 days after the day on which delivery took place and they can reduce the refund (up to the full contract price) for "excessive handling".

If they didn't provide the correct information then the purchaser has 1 year and 14 days to cancel and a full refund is due regardless of the condition of the item. 

If they didn't provide the info there may be a moral consideration regarding returning something that's been damaged but that doesn't affect your consumer rights.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(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.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38; 

Extended cancellation period is detailed here:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31

powerful_Rogue

the_lunatic_is_in_my_head said:

The answer depends upon whether they provided the purchaser with the correct durable information regarding your right to cancel the contract.

If they did then there is the right to cancel and that period is at the end of 14 days after the day on which delivery took place and they can reduce the refund (up to the full contract price) for "excessive handling".

If they didn't provide the correct information then the purchaser has 1 year and 14 days to cancel and a full refund is due regardless of the condition of the item. 

If they didn't provide the info there may be a moral consideration regarding returning something that's been damaged but that doesn't affect your consumer rights.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(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.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38; 

Extended cancellation period is detailed here:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31

I disagree. Damage is totally different to excessive handling.

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

The answer depends upon whether they provided the purchaser with the correct durable information regarding your right to cancel the contract.

If they did then there is the right to cancel and that period is at the end of 14 days after the day on which delivery took place and they can reduce the refund (up to the full contract price) for "excessive handling".

If they didn't provide the correct information then the purchaser has 1 year and 14 days to cancel and a full refund is due regardless of the condition of the item. 

If they didn't provide the info there may be a moral consideration regarding returning something that's been damaged but that doesn't affect your consumer rights.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(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.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38; 

Extended cancellation period is detailed here:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31

I disagree. Damage is totally different to excessive handling.

The regs don't actually use the words excessive but as above simply handling of the goods and damage would occur by way of handling something. Equally any imperfection to goods could referred to as damage but ultimately is classed as diminished value so it doesn't really matter either way.  

ThumbRemote

How long ago did it arrive?

Did it arrive damaged? If so, they can obviously return it for a full refund. 

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

The answer depends upon whether they provided the purchaser with the correct durable information regarding your right to cancel the contract.

If they did then there is the right to cancel and that period is at the end of 14 days after the day on which delivery took place and they can reduce the refund (up to the full contract price) for "excessive handling".

If they didn't provide the correct information then the purchaser has 1 year and 14 days to cancel and a full refund is due regardless of the condition of the item. 

If they didn't provide the info there may be a moral consideration regarding returning something that's been damaged but that doesn't affect your consumer rights.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(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.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38; 

Extended cancellation period is detailed here:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31

I disagree. Damage is totally different to excessive handling.

The regs don't actually use the words excessive but as above simply handling of the goods and damage would occur by way of handling something. Equally any imperfection to goods could referred to as damage but ultimately is classed as diminished value so it doesn't really matter either way.  

Again I disagree as what you said does not encompass '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.'

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

The answer depends upon whether they provided the purchaser with the correct durable information regarding your right to cancel the contract.

If they did then there is the right to cancel and that period is at the end of 14 days after the day on which delivery took place and they can reduce the refund (up to the full contract price) for "excessive handling".

If they didn't provide the correct information then the purchaser has 1 year and 14 days to cancel and a full refund is due regardless of the condition of the item. 

If they didn't provide the info there may be a moral consideration regarding returning something that's been damaged but that doesn't affect your consumer rights.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(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.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38; 

Extended cancellation period is detailed here:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31

I disagree. Damage is totally different to excessive handling.

The regs don't actually use the words excessive but as above simply handling of the goods and damage would occur by way of handling something. Equally any imperfection to goods could referred to as damage but ultimately is classed as diminished value so it doesn't really matter either way.  

Again I disagree as what you said does not encompass '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.'

But it doesn't say that as you've left out an important word, it says is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish. 

Damaging the goods would be beyond. 

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

The answer depends upon whether they provided the purchaser with the correct durable information regarding your right to cancel the contract.

If they did then there is the right to cancel and that period is at the end of 14 days after the day on which delivery took place and they can reduce the refund (up to the full contract price) for "excessive handling".

If they didn't provide the correct information then the purchaser has 1 year and 14 days to cancel and a full refund is due regardless of the condition of the item. 

If they didn't provide the info there may be a moral consideration regarding returning something that's been damaged but that doesn't affect your consumer rights.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(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.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38; 

Extended cancellation period is detailed here:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31

I disagree. Damage is totally different to excessive handling.

The regs don't actually use the words excessive but as above simply handling of the goods and damage would occur by way of handling something. Equally any imperfection to goods could referred to as damage but ultimately is classed as diminished value so it doesn't really matter either way.  

Again I disagree as what you said does not encompass '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.'

But it doesn't say that as you've left out an important word, it says is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish. 

Damaging the goods would be beyond. 

Nonsense.

So you're saying I could get a tablet, smash it against a table and then say 'Sorry, the tablet wasn't strong enough'
This seems on par with your  get a builder to build you an extension, if he hasn't provided you with the relevant cancellation requirements then you get it for free posts.