Returning item that has been "used"

ursusltd

I am thinking of buying a Freesat box so I can cut out the cost of my Sky subscription.

On the website I have seen;

"In accordance with the Consumer Contracts Regulations, we will also accept the return of a product that you have opened, provided it was opened to inspect the product only"

and

"You can examine the product as you would in a shop but to obtain a refund you must not use the product"

Is this correct? it can't be refunded if it has been switched on and tested?

Many thanks

sheramber

Could you switch it on and test it in a shop?

ursusltd

Yes of course, but I don't have that option!

Ath_Wat

What will you gain from testing a FreeSat box  apart from just finding out whether that particular one works?  You know exactly what it's supposed to do.  If it doesn't do it because it's faulty, you can obviously return it.

ursusltd

My question is, can they refuse a return simply because an item has been switched on?

Undervalued

ursusltd said:

Yes of course, but I don't have that option!

No, you might be able to see a demonstration one working but you would expect the one you bought to be brand new in a sealed box (unless they gave you a discount).

impoverishedtraveller

It appears to be their way of saying that they are happy to accept ‘change of mind‘ returns up until the point that you switch it on.

If you switch it on and it turns out to be faulty, they will repair and replace as per the rules.

What they won’t accept is a ‘change of mind’ after you’ve switched the product on.

Diamandis

ursusltd said:

My question is, can they refuse a return simply because an item has been switched on?

Technically they can reduce the amount of the refund (by up to 100%) for use that is outwith what you would be able to do in a shop.

Brie

I'm wondering why this is an issue.  As I understand it Sky is not cheap - maybe one or two months worth is the price of a freesat box.  I suggest you get one and try it out for a couple of months and decide if you actually miss Sky.  Unlikely you'll lose out.  And you could always put it on Gumtree if you change your mind.

Waunakee

I cancelled my SKY subscription a few months back but the existing equipment still functions as a Freesat box so maybe no need to buy new.

SKY did not require the box to be returned and advised we could use it as a free to air box,give it away or deposit at a recycling centre.

You do however lose the ability to record programs but I don’t find it an issue as I mainly watch streaming services on demand.

the_lunatic_is_in_my_head

Diamandis said:

ursusltd said:

My question is, can they refuse a return simply because an item has been switched on?

Technically they can reduce the amount of the refund (by up to 100%) for use that is outwith what you would be able to do in a shop.

OP this is sort of the answer, if your handling of the goods is deemed “excessive” the trader can reduce the refund for diminished value.

This can be up to the full price but must represent the actual diminished value.

The regs clarify this as typically doing more than you can in a shop but each case would be judged on the situation.

However the trader can only reduce the refund if they provide certain required information.

Their terms are linking the condition of the goods to the right of cancellation which isn’t permitted, thus they can not reduce the refund and must refund in full regardless.

The caveat to this is the trader can have their own terms in addition to your rights which can be anything (fair), so you’d need to check specifically their information with regards to your right to cancel the contract.