John Lewis returns policy

EmmaLP

Hi, has anyone had experience of returning an unused but opened and turned on Garmin watch. I recently purchased one for a gift for my husband from John Lewis. He turned it on but realised the type size was too small. I've returned it to John Lewis but they won't take it back. They have said as its not in original condition they wont take it.
On their returns page it doesn't state anything about not turning it on. I believe their T&Cs are out dated and don't cover Garmin type watches as it just says jewellery and watches returned in store but doesn't say they shouldn't be turned on. Is this correct and legal?

zoob

RETURNING AN ITEM TO ONE OF OUR SHOPS

You can return or exchange unwanted items up to 35 days after purchase.

Items must:

• Be unused and in their original condition (including all labels and tags intact)
• Not contain personal data or have been manufacturer-registered (for phones, tablets, computers, etc)
• There are some items that we can't return or exchange unless faulty. Read our return policy to find out more

MarvinDay

Did you make the purchase in store or was it online?
if it was an instore purchase then they are allowed to refuse to accept the return as their T&C's  for store purchases clearly state:

You can return or exchange unwanted items up to 35 days after purchase.

Items must:

• Be unused and in their original condition (including all labels and tags intact)
• Not contain personal data or have been manufacturer-registered (for phones, tablets, computers, etc)
• There are some items that we can't return or exchange unless faulty. Read our return policy to find out more

and even if it was only turned on for a minute or two, it's still been used.

If it was an online purchase (even if paid online and collected in store) then simply unwrapping and turning it on doesn't diminish your right of return as you are entitled to check the characteristics and functioning of it providing that you don't go beyond what would normally be allowed in a shop and most shops do have a display model that you can play with and test.  

Manxman_in_exile

Did you buy it in person in a JL store or are you trying to cancel an online purchase or other distance purchase?  (It might or might not make a difference)

Sandtree

EmmaLP said:

Hi, has anyone had experience of returning an unused but opened and turned on Garmin watch. I recently purchased one for a gift for my husband from John Lewis. He turned it on but realised the type size was too small. I've returned it to John Lewis but they won't take it back. They have said as its not in original condition they wont take it.
On their returns page it doesn't state anything about not turning it on. I believe their T&Cs are out dated and don't cover Garmin type watches as it just says jewellery and watches returned in store but doesn't say they shouldn't be turned on. Is this correct and legal?

Assuming you bought it in store then yes... there is no statutory right of return for change of mind and so any options of return they give are above and beyond what they must do and can be as limiting or generous as they want.

If you bought it online then the answer may be different.

Brie

the problem is that a Garmin watch is actually more like a computer than a piece of jewellery and I would expect to follow the rules for that so simply turning it on would mean it is manufactured registered.

you might see if Garmin will take it back at least for a partial refund - they are very good about dealing with warranties even when one buys from someone else.  

user1977

Or just stick it on eBay or similar as nearly-new.

the_lunatic_is_in_my_head

If you purchased online and notified them of your intention to cancel the contract within the cancellation period then they can not refuse the cancellation due to this. 

If you returned under their company policy then yes it's likely they can refuse the return.

When did you buy? If it's less than 14 days from the day after delivery notify them now that you are cancelling your contract.

If it has been longer than the 14 days above what information did you get via email or on paper with the goods detailing your right to cancel (as in specifically, screenshot or photo would be best)?