Returning a TV

Flugelhorn

Renfrewman said:

Ergates said:

Renfrewman said:

the_lunatic_is_in_my_head said:

https://www.johnlewis.com/customer-services/shopping-with-us/terms-and-conditions

Under ordering, cancelling and returning products.

You need to exercise your right to cancel as noted there by making a clear statement of such, rather than using their store policy.

As you can view a TV in store I’d say they aren’t entitled to make any deduction for simply opening the box and plugging the TV in.

If the screen had some kind of protective film on that was removed that could be viewed as going beyond what is necessary to establish the nature and characteristics of the goods.

All that said just tell them you are cancelling under CCRs, see what happens when they get the TV back and post back for more advice if needed  

OP didn't just simply open it up and plug it in though.

No, they went through what could be reasonably considered to be the bare minimum to establish if the TV was suitable.   e.g. you cannot assess picture quality until you get a picture on screen.    On a modern TV, you will not be able to get a picture on screen without going through some degree of setup procedure.

My new TV did not have a requirement to connect to wifi to get a picture...indeed it's still not connected some two months later.

Indeed we have a smart TV (only small TV I could find at the time ) that is used as a DVD monitor so not connected to anything other than the DVD player 

the_lunatic_is_in_my_head

Renfrewman said:

the_lunatic_is_in_my_head said:

https://www.johnlewis.com/customer-services/shopping-with-us/terms-and-conditions

Under ordering, cancelling and returning products.

You need to exercise your right to cancel as noted there by making a clear statement of such, rather than using their store policy.

As you can view a TV in store I’d say they aren’t entitled to make any deduction for simply opening the box and plugging the TV in.

If the screen had some kind of protective film on that was removed that could be viewed as going beyond what is necessary to establish the nature and characteristics of the goods.

All that said just tell them you are cancelling under CCRs, see what happens when they get the TV back and post back for more advice if needed  

OP didn't just simply open it up and plug it in though.

OP could watch the TV for 27 days straight, this doesn't affect their right to cancel the contract. 

If the retailer says they are reducing the refund due to handling which goes beyond... then the consumer can either accept this or contest it. 

Until that happens you notify of cancellation within 14 days of delivery and then return within 14 days of cancelling. 

If the TV can be factory reset as the first reply here states then setting up to view would appear to have no bearing. 

Renfrewman

the_lunatic_is_in_my_head said:

Renfrewman said:

the_lunatic_is_in_my_head said:

https://www.johnlewis.com/customer-services/shopping-with-us/terms-and-conditions

Under ordering, cancelling and returning products.

You need to exercise your right to cancel as noted there by making a clear statement of such, rather than using their store policy.

As you can view a TV in store I’d say they aren’t entitled to make any deduction for simply opening the box and plugging the TV in.

If the screen had some kind of protective film on that was removed that could be viewed as going beyond what is necessary to establish the nature and characteristics of the goods.

All that said just tell them you are cancelling under CCRs, see what happens when they get the TV back and post back for more advice if needed  

OP didn't just simply open it up and plug it in though.

OP could watch the TV for 27 days straight, this doesn't affect their right to cancel the contract. 

If the retailer says they are reducing the refund due to handling which goes beyond... then the consumer can either accept this or contest it. 

Until that happens you notify of cancellation within 14 days of delivery and then return within 14 days of cancelling. 

If the TV can be factory reset as the first reply here states then setting up to view would appear to have no bearing. 

OP neither simply unpacked and switched TV on, or watched it for 27 days straight. Why are you bringing scenarios into this that didn't happen?

MattMattMattUK

Renfrewman said:

the_lunatic_is_in_my_head said:

Renfrewman said:

the_lunatic_is_in_my_head said:

https://www.johnlewis.com/customer-services/shopping-with-us/terms-and-conditions

Under ordering, cancelling and returning products.

You need to exercise your right to cancel as noted there by making a clear statement of such, rather than using their store policy.

As you can view a TV in store I’d say they aren’t entitled to make any deduction for simply opening the box and plugging the TV in.

If the screen had some kind of protective film on that was removed that could be viewed as going beyond what is necessary to establish the nature and characteristics of the goods.

All that said just tell them you are cancelling under CCRs, see what happens when they get the TV back and post back for more advice if needed  

OP didn't just simply open it up and plug it in though.

OP could watch the TV for 27 days straight, this doesn't affect their right to cancel the contract. 

If the retailer says they are reducing the refund due to handling which goes beyond... then the consumer can either accept this or contest it. 

Until that happens you notify of cancellation within 14 days of delivery and then return within 14 days of cancelling. 

If the TV can be factory reset as the first reply here states then setting up to view would appear to have no bearing. 

OP neither simply unpacked and switched TV on, or watched it for 27 days straight. Why are you bringing scenarios into this that didn't happen?

That is how the CRA works, up until 28 days it male no difference if it us one minute or 27 days.

The OP can return the TV, the retailer can reduce the refund because it has been unpackaged.

Alderbank

MattMattMattUK said:

Renfrewman said:

the_lunatic_is_in_my_head said:

Renfrewman said:

the_lunatic_is_in_my_head said:

https://www.johnlewis.com/customer-services/shopping-with-us/terms-and-conditions

Under ordering, cancelling and returning products.

You need to exercise your right to cancel as noted there by making a clear statement of such, rather than using their store policy.

As you can view a TV in store I’d say they aren’t entitled to make any deduction for simply opening the box and plugging the TV in.

If the screen had some kind of protective film on that was removed that could be viewed as going beyond what is necessary to establish the nature and characteristics of the goods.

All that said just tell them you are cancelling under CCRs, see what happens when they get the TV back and post back for more advice if needed  

OP didn't just simply open it up and plug it in though.

OP could watch the TV for 27 days straight, this doesn't affect their right to cancel the contract. 

If the retailer says they are reducing the refund due to handling which goes beyond... then the consumer can either accept this or contest it. 

Until that happens you notify of cancellation within 14 days of delivery and then return within 14 days of cancelling. 

If the TV can be factory reset as the first reply here states then setting up to view would appear to have no bearing. 

OP neither simply unpacked and switched TV on, or watched it for 27 days straight. Why are you bringing scenarios into this that didn't happen?

That is how the CRA works, up until 28 days it male no difference if it us one minute or 27 days.

The OP can return the TV, the retailer can reduce the refund because it has been unpackaged.

No it doesn't!

The CRA doesn't grant the right to a change of mind refund, which this is.

the_lunatic is correctly advising the OP to use a different piece of legislation, the CCR (the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

the_lunatic_is_in_my_head

MattMattMattUK said:

The OP can return the TV, the retailer can reduce the refund because it has been unpackaged.

It's unlikely to be deemed that unpacking a TV from a box would be excessive handling, we don't have our own guidance on this that I know of, that from the EU says:

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).

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.

There would appear to be a bit of a cross over between 2 of the points above due to the TV being "smart", if however it's correct such a product can be reset with ease (either by the retailer or consumer) this is unlikely to warrant a deduction, especially if the consumer does it as who would know. 

Personally I think it would be harder to open, set up and repack the TV without getting any fine scratches on the TV, particularly on any black and/or glossy plastic, but perhaps those parts will have a protective film, I don't know. 

OP has 3 choices really, keep the TV, sell it, return it, neither guarantee complete satisfaction for the OP but I would have thought any deduction imposed by JL would less than the hit on selling it. 

Renfrewman said:

OP neither simply unpacked and switched TV on, or watched it for 27 days straight. Why are you bringing scenarios into this that didn't happen?

If you could clarify what bearing "OP didn't just simply open it up and plug it in though." would have on their consumer rights to cancel the contract any reply may be more suited to your liking  

Undervalued

Renfrewman said:

the_lunatic_is_in_my_head said:

Renfrewman said:

the_lunatic_is_in_my_head said:

https://www.johnlewis.com/customer-services/shopping-with-us/terms-and-conditions

Under ordering, cancelling and returning products.

You need to exercise your right to cancel as noted there by making a clear statement of such, rather than using their store policy.

As you can view a TV in store I’d say they aren’t entitled to make any deduction for simply opening the box and plugging the TV in.

If the screen had some kind of protective film on that was removed that could be viewed as going beyond what is necessary to establish the nature and characteristics of the goods.

All that said just tell them you are cancelling under CCRs, see what happens when they get the TV back and post back for more advice if needed  

OP didn't just simply open it up and plug it in though.

OP could watch the TV for 27 days straight, this doesn't affect their right to cancel the contract. 

If the retailer says they are reducing the refund due to handling which goes beyond... then the consumer can either accept this or contest it. 

Until that happens you notify of cancellation within 14 days of delivery and then return within 14 days of cancelling. 

If the TV can be factory reset as the first reply here states then setting up to view would appear to have no bearing. 

OP neither simply unpacked and switched TV on, or watched it for 27 days straight. Why are you bringing scenarios into this that didn't happen?

This is a public forum for the benefit of all that read it. It is not a private advice service restricted to simply answering the OP's questions.

screech_78

You can return it OP. Make sure it’s factory reset and your WiFi details are removed and you haven’t logged into any accounts such as Netflix. They won’t know any difference. I don’t know what size of TV it is, but if it’s over 32 inches, there will be a collection charge for a change of mind. 

You can of course cancel the contract, however you’re then responsible for returning it. 

I’d just send it back. 

Belenus

smallzoo2 said:

We realised after just 5 minutes the TV us just not suitable for our room  it is just not bright enough and the picture we dont think is as crisp as our last one.

Did you try adjusting the picture settings?

It may have left the factory with less than optimum settings for your situation and personal preferences.

blcnfr24

Factory reset the TV and open a change of mind return with JL.  You can explain it is unsuitable and you made a mistake and that it does not have any personal information on it (be sure you factory reset it and wait for it to go back to the welcome screen).  You will have to pay £30 for the collection.