What does fit for purpose mean

The_Fat_Controller

You can argue the toss regarding returns, but to answer the OP's actual question, there is no way a functioning trackpad can be considered not fit for purpose.

shiraz99

The_Fat_Controller said:

You can argue the toss regarding returns, but to answer the OP's actual question, there is no way a functioning trackpad can be considered not fit for purpose.

I think it was pretty much answered in the first couple of posts. Also, discussing and clarifying the OP's consumer rights is not "arguing the toss".

Bluesman1

Thank you all and apologies my query was so badly written (I was on a call) - I will proceed with shiraz99's advice.

shiraz99

Bluesman1 said:

Thank you all and apologies my query was so badly written (I was on a call) - I will proceed with shiraz99's advice.

Good luck, let us know how you get on. I've no doubt though that JL may push back but I believe the law to be on your side so you may have to follow up with an LBA (letter before action) if they continue not to play ball.

Manxman_in_exile

Bluesman1 said:

Thank you all and apologies my query was so badly written (I was on a call) - I will proceed with shiraz99's advice.

Contact JL's head of customer services at the email address I gave you earlier.

Assuming that you are trying to cancel* a distance purchase and that you are within the cancellation period, explain to them that you are exercising your statutory right to cancel the contract, and that all you have done is turn on the laptop to allow you to establish its "nature, characteristics and functioning" - as permitted under the legislation - and nothing else**.

Emphasise that you are not trying to return the laptop under JL's own returns policy, but that you are relying on your statutory consumer right to cancel as provided in Part 3 this Act:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk).

So long as you are within the cancellation period I don't see how they can refuse to accept it.  If they say "But you turned it on and used it, so it's now secondhand" remind them that the legislation specifically permits you to "handle" the laptop to the extent that you are able to establish its "nature, characteristics and functioning".  And if doing that means turning it on, then they have to allow you to turn it on**.  And when you cancel the contract and return it, you are entitled to a refund.

If they try to argue that they will reduce your refund to reflect how much your "handling" has reduced its value, make them justify their position that just turning it on has reduced its value at all.

*  I know you posed the original question as being about "fitness for purpose" but if you are in a position where you can cancel it as an online purchase then I think you are more likely to be successful.  The fact you don't like the track pad does not - i think - necessarily make it unfit for purpose.  (Unfortunately you've failed to tell us if you are still within the cancellation window or not)

**  Assuming all you did was turn it on to whatever extent was necessary to establish its nature etc etc