Very returns.

Rev

marcia_ said:

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 🤷 

Please don’t apologise. I appreciate the replies.

Rev

eskbanker said:

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?

I opened the box. Turned the device on. Looked at the screen to check for dead pixels or defects. There was non. I turned the device off and put it back in the box. 

Rev

powerful_Rogue said:

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.

When I called I said I was returning using the 14 day cooling off period. And I did inform them I’d opened the box and switched the device on. 

eskbanker

As you've already returned it, all you can really do at this stage is to wait and see what Very's response is and take it from there - the wording on their returns page linked from page 1 seems to be a reasonable reflection of the regulations and doesn't seek to exclude returns of such products, despite what was said by the person you dealt with:

Your Right to Cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

You also have the legal right to cancel your order under these regulations. However, this cancellation right does not apply to personalised products, perishable goods, audio & video recordings and computer software which have been opened and goods that are unsuitable for return for health or hygiene reasons if they are unsealed after delivery.

The cancellation period will expire 14 days after the goods are received by you or by a third party nominated by you to receive the goods. If your order is for multiple products for separate delivery, the cancellation period will end 14 days after receipt of the last item. You must clearly communicate to us your decision to cancel before the end of the cancellation period. You can do this, for example, by completing and sending us the Model Cancellation Form found in the Returns section of our website Help pages.

If you do cancel, we will reimburse you the cost of the cancelled goods and the standard delivery charge by the original means of payment. Where the goods have not been delivered, the reimbursement will be made within 14 days of the cancellation. Where the goods have been delivered, the reimbursement will be made within 14 days of us receiving the goods back or us receiving evidence that you have returned the goods, whichever is earlier.

You are responsible for returning the goods to us if you cancel under these Regulations. So, if you use our courier service to return the goods you will be responsible for the cost of the return. In such cases, we will deduct the standard delivery charge from your refund so that you do not have to make a further payment for the return.

Rev

eskbanker said:

As you've already returned it, all you can really do at this stage is to wait and see what Very's response is and take it from there - the wording on their returns page linked from page 1 seems to be a reasonable reflection of the regulations and doesn't seek to exclude returns of such products, despite what was said by the person you dealt with:

Your Right to Cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

You also have the legal right to cancel your order under these regulations. However, this cancellation right does not apply to personalised products, perishable goods, audio & video recordings and computer software which have been opened and goods that are unsuitable for return for health or hygiene reasons if they are unsealed after delivery.

The cancellation period will expire 14 days after the goods are received by you or by a third party nominated by you to receive the goods. If your order is for multiple products for separate delivery, the cancellation period will end 14 days after receipt of the last item. You must clearly communicate to us your decision to cancel before the end of the cancellation period. You can do this, for example, by completing and sending us the Model Cancellation Form found in the Returns section of our website Help pages.

If you do cancel, we will reimburse you the cost of the cancelled goods and the standard delivery charge by the original means of payment. Where the goods have not been delivered, the reimbursement will be made within 14 days of the cancellation. Where the goods have been delivered, the reimbursement will be made within 14 days of us receiving the goods back or us receiving evidence that you have returned the goods, whichever is earlier.

You are responsible for returning the goods to us if you cancel under these Regulations. So, if you use our courier service to return the goods you will be responsible for the cost of the return. In such cases, we will deduct the standard delivery charge from your refund so that you do not have to make a further payment for the return.

You’re right. Nothing I can do at this point but see what they say when it gets back to them. 

If they refuse it I will probably just accept it back and try and recoup as much as possible selling privately. 

born_again

Rev said:

I opened the box. Turned the device on. Looked at the screen to check for dead pixels or defects. There was non. I turned the device off and put it back in the box. 

Which seems a bit at odds with  "realised it isn’t a big upgrade over the one I have"

Rev

born_again said:

Rev said:

I opened the box. Turned the device on. Looked at the screen to check for dead pixels or defects. There was non. I turned the device off and put it back in the box. 

Which seems a bit at odds with  "realised it isn’t a big upgrade over the one I have"

How so? 

I don’t need examine or use the device to watch reviews online or look at specs/compare to the device I already have, check benchmarks etc. 

Yes, that is 100% something I should have done before ordering. But I didn’t. And it’s not like I can change it now. 

I’ve already said if I’m not within my rights then I’ll accept that as it’s my mistake. So not sure what you’re trying to insinuate here. 

born_again

Rev said:

born_again said:

Rev said:

I opened the box. Turned the device on. Looked at the screen to check for dead pixels or defects. There was non. I turned the device off and put it back in the box. 

Which seems a bit at odds with  "realised it isn’t a big upgrade over the one I have"

How so? 

I don’t need examine or use the device to watch reviews online or look at specs/compare to the device I already have, check benchmarks etc. 

Yes, that is 100% something I should have done before ordering. But I didn’t. And it’s not like I can change it now. 

I’ve already said if I’m not within my rights then I’ll accept that as it’s my mistake. So not sure what you’re trying to insinuate here. 

Not insinuating anything.

Just seems odd that after just turning on & not using at all that you felt  "it isn’t a big upgrade" which most people would feel is related to how a device performs? 

Rev

born_again said:

Rev said:

born_again said:

Rev said:

I opened the box. Turned the device on. Looked at the screen to check for dead pixels or defects. There was non. I turned the device off and put it back in the box. 

Which seems a bit at odds with  "realised it isn’t a big upgrade over the one I have"

How so? 

I don’t need examine or use the device to watch reviews online or look at specs/compare to the device I already have, check benchmarks etc. 

Yes, that is 100% something I should have done before ordering. But I didn’t. And it’s not like I can change it now. 

I’ve already said if I’m not within my rights then I’ll accept that as it’s my mistake. So not sure what you’re trying to insinuate here. 

Not insinuating anything.

Just seems odd that after just turning on & not using at all that you felt  "it isn’t a big upgrade" which most people would feel is related to how a device performs? 

Not insinuating anything. Proceeds to insinuate I’m lying about not using the device. 

I turned it on to check there was no screen defects. Then put it back in the box. 

I didn’t turn it on, not use it then decide it wasn’t a big upgrade. As I explained, there’s thousands of comparison videos. Side by side comparison websites etc. I watched/read those and came to the conclusion it wasn’t a big enough upgrade to justify the cost. 

Very had 10% off, I made an impulse purchase and then regretted it after some research. Apologies for not doing what ‘most people’ apparently do. 

the_lunatic_is_in_my_head

EU guidance says:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(04)&qid=1640961745514

Whether the consumer’s testing of the goods went beyond what was necessary to establish their nature, characteristics and functioning will have to be assessed on a case-by-case basis in the event of a dispute. The comparison with what the consumer can normally do in a brick- and-mortar shop serves as a good point of reference, for example:

—	Before purchasing audio/video and recording equipment, the consumer would normally be able to test the image or sound quality;

—	Trying on a garment in a shop would not involve the removal of the manufacturer’s tags;

—	The consumer would not normally be able to practically test household appliances, such as kitchen appliances, the actual use of which unavoidably leaves traces;

—	The consumer would not be able configure software on a computer; hence reasonable costs for any resetting of such equipment would also constitute diminished value.

—

The consumer could test perfumes and similar cosmetic products, which can be normally tested in shops, by means of a free tester that the trader could include with the product. That way, the consumers would not need to open the packaging of the product in order to exercise their right to establish their nature and characteristics (certain cosmetic products may be sealed for health protection or hygiene reasons – see section 5.11.4).

It should be kept in mind that ‘establishing the functioning’ of the goods in this context is different from checking that they are fault-free in every respect. If the goods turn out to be faulty in later use, the consumer is protected by the Sale of Goods Directive (EU) 2019/771.

In principle, the consumer should be able to open the packaging to access the content(s) inside if similar goods are normally displayed in shops in unpacked condition. Hence, damage caused to the packaging by merely opening it is not a cause for compensation. However, any protective films applied to the item should only be removed where strictly necessary to test it.

Given Apple stores are common and such items are on display I'd say you are entitled to open and look. 

OP Did you pay on credit (either with Very or a credit card)?