Returning new laptop via eBay

manofthemoment112

Hi all. I bought a new laptop from a business seller on eBay. However, it's not quite what I wanted, as it's too big for me and the speakers don't sound good.

As far as I understand, under the Consumer Contracts Regulations 2013, I’m entitled to a full refund (minus any fair deduction for use) within 14 days of receiving the item:

"A consumer has the right to withdraw from the contract within 14 days without giving any reason and to receive a full refund."

"The consumer may handle the goods to the extent necessary to establish their nature, characteristics and functioning. More than this may entitle the trader to make a deduction for diminished value."

I have logged into the laptop, but a factory reset should sort that. The seller initially didn't want to accept a return but when I cited the above to them offered a £220 refund (I paid £365). 

What do you guys think? Have I interpreted the 2013 regulations correctly? £220 seems low to me. 

Thanks

cw8825

Open a return on Ebay, 
ebay are very buyer friendly.you should get a full refund minus postage costs

savergrant

cw8825 said:

Open a return on Ebay, 
ebay are very buyer friendly.you should get a full refund minus postage costs

Not sure 'a change of mind' is an option for an ebay case.

the_lunatic_is_in_my_head

savergrant said:

cw8825 said:

Open a return on Ebay, 
ebay are very buyer friendly.you should get a full refund minus postage costs

Not sure 'a change of mind' is an option for an ebay case.

The return flow accepts change of mind  

sonearandyetsofa

Be aware that eBay grants sellers in good standing the ability to deduct from a refund for damage, wear & tear or use. Which means OP, although they absolutely should use the eBay system for this, may well still end up with the same value refund. If they don't offer free returns, that means OP is liable for the return delivery cost as well.

The company is entitled to deduct for reduction in value of the item based on what you've done with it that you wouldn't be able to do in a shop, essentially. So it needs a factory reset, and presumably you've removed some of the packaging etc and it's essentially no longer brand new. The question really is whether a barely-used, practically new version of the same laptop model is worth £145 less than the brand new sealed one. Fortunately eBay is all the product research you need - if I were OP, I would just have a look on there and see what they go for.

Exodi

manofthemoment112 said:

Hi all. I bought a new laptop from a business seller on eBay. However, it's not quite what I wanted, as it's too big for me and the speakers don't sound good.

As far as I understand, under the Consumer Contracts Regulations 2013, I’m entitled to a full refund (minus any fair deduction for use) within 14 days of receiving the item:

"A consumer has the right to withdraw from the contract within 14 days without giving any reason and to receive a full refund."

"The consumer may handle the goods to the extent necessary to establish their nature, characteristics and functioning. More than this may entitle the trader to make a deduction for diminished value."

I have logged into the laptop, but a factory reset should sort that. The seller initially didn't want to accept a return but when I cited the above to them offered a £220 refund (I paid £365). 

What do you guys think? Have I interpreted the 2013 regulations correctly? £220 seems low to me. 

Thanks

In my opinion, they would not be unreasonable for including some level of deduction. The reasons given will be quite frustrating to hear as the merchant.

For example, you didn't need to completely unpackage the laptop and complete the windows installation (which takes quite a bit of time), to realise it's too big for you. Likewise about the speakers - from my understanding, part of the purpose of the act is to level the playing field when compared to consumers who are able to go to a store and physically inspect the product - it's unlikely they would have been able to test the speakers and to be totally honest, laptops aren't renowned for their high quality speakers. I think personally it would be near the bottom of things I'd consider important on a laptop.

Why does £220 seem low to you? What do 'Like New' listings of your laptop sell for? How much do you think you should be entitled to (as it implies above you believe a full refund is due)? FWIW, I think a ~40% discount (as they've suggested) seems to be on the high end), but I'd guess it's going to be nearer to that than the brand new price.

I expect you'll have to send the laptop back to them also at your cost (and I'd recommend not doing the cheapest service possible as you're responsible for it getting to them). 

the_lunatic_is_in_my_head

Given this is eBay I highly doubt the seller has complied with the required information and if so can’t impose a reduction.

I believe if a deduction is imposed you can appeal to eBay who may refund the difference.