Very returns.

Rev

Just wanted to double check something. 

Ordered an iPad from very. Took delivery Monday. Opened it, switched it on etc to make sure it was working. But as the day went on I had time to think and realised it isn’t a big upgrade over the one I have so decided to return it. 

Very are saying I can’t do so as it’s been opened. 

I’ve checked the gov website and the 14 day cooling off policy doesn’t say you can’t return if the item has been opened (unless it’s personalised, perishable etc or has a hygiene seal).  I have returned it this morning but I have a feeling they will reject the return as the seal was broken. 

Just wanted to check I was correct here? That I am still within my rights to return the item for a refund. I don’t want to waste time arguing with them etc if they don’t accept it if I’m in the wrong. 

Thanks 

Mark_d

You have no right to a refund under the Consumer Contract Regulations.  There are a number of exclusions allowed by the Consumer Contracts Regulations.

If you were buying the iPad in store, eg. at Currys,  you would only be to get your hands on the sealed box before you make the purchase.  Opening the box takes value away from the product so it is unreasonable for you to expect a refund.

marcia_

Mark_d said:

You have no right to a refund under the Consumer Contract Regulations.  There are a number of exclusions allowed by the Consumer Contracts Regulations.

If you were buying the iPad in store, eg. at Currys,  you would only be to get your hands on the sealed box before you make the purchase.  Opening the box takes value away from the product so it is unreasonable for you to expect a refund.

 Not quite, apple and john lewis have them on display so you can try before you buy 

Rev

Mark_d said:

You have no right to a refund under the Consumer Contract Regulations.  There are a number of exclusions allowed by the Consumer Contracts Regulations.

If you were buying the iPad in store, eg. at Currys,  you would only be to get your hands on the sealed box before you make the purchase.  Opening the box takes value away from the product so it is unreasonable for you to expect a refund.

marcia_ said:

Mark_d said:

You have no right to a refund under the Consumer Contract Regulations.  There are a number of exclusions allowed by the Consumer Contracts Regulations.

If you were buying the iPad in store, eg. at Currys,  you would only be to get your hands on the sealed box before you make the purchase.  Opening the box takes value away from the product so it is unreasonable for you to expect a refund.

 Not quite, apple and john lewis have them on display so you can try before you buy 

Haha now I’m even more confused. 

If I’m not entitled to a refund then fair enough, it’s my own fault for opening. I’ll take it back and try and sell it privately. 

But if I am entitled to a refund that would obviously be my preferred option. 

marcia_

Rev said:

Mark_d said:

You have no right to a refund under the Consumer Contract Regulations.  There are a number of exclusions allowed by the Consumer Contracts Regulations.

If you were buying the iPad in store, eg. at Currys,  you would only be to get your hands on the sealed box before you make the purchase.  Opening the box takes value away from the product so it is unreasonable for you to expect a refund.

marcia_ said:

Mark_d said:

You have no right to a refund under the Consumer Contract Regulations.  There are a number of exclusions allowed by the Consumer Contracts Regulations.

If you were buying the iPad in store, eg. at Currys,  you would only be to get your hands on the sealed box before you make the purchase.  Opening the box takes value away from the product so it is unreasonable for you to expect a refund.

 Not quite, apple and john lewis have them on display so you can try before you buy 

Haha now I’m even more confused. 

 Sorry, i believe you do have the right to return though obviously the other poster says no 🤷 

sheramber

What information did you put on the Ipad to check it was working?

eskbanker

You have a right to cancel the contract within 14 days but the trader is entitled to apply a deduction under section 34(9) of the regulations:

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.

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

Rev

sheramber said:

What information did you put on the Ipad to check it was working?

Nothing. I switched it on to make sure the screen was working and okay etc. then switched it off and put it back in the box. 

Rev

eskbanker said:

You have a right to cancel the contract within 14 days but the trader is entitled to apply a deduction under section 34(9) of the regulations:

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.

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

Surely opening and checking the item is working falls under ‘what is necessary to establish functioning’ of the goods?

powerful_Rogue

Make sure they know you are returning under your consumer rights and not their 28 day approval guarantee. Details of the two different returns options on their website - https://www.very.co.uk/help/en/online-help-system.page#help-returns?Returns policy

If you return goods outside the scope of the Approval Guarantee and have not exercised your legal right to cancel (explained below) we reserve the right to either:

• return the goods to you at your cost or
• accept the return of the goods subject to us making a deduction from the refund to reflect any loss in value arising from your handling of the goods and to us applying a charge to cover our processing costs.

eskbanker

Rev said:

eskbanker said:

You have a right to cancel the contract within 14 days but the trader is entitled to apply a deduction under section 34(9) of the regulations:

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.

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

Surely opening and checking the item is working falls under ‘what is necessary to establish functioning’ of the goods?

That's certainly an argument that's come up before on this board, but my understanding is that the principle is as above, i.e. that handling shouldn't go beyond what would normally be possible in store.

You said "Opened it, switched it on etc to make sure it was working", but what does the 'etc' signify there?