returning item question

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So I bought a monitor from an unnamed online store, tried it, and realised its not for me. I then asked for a return and they said " because it's been used we can't accept a return "

is this correct? I thought you can return items no questions asked within 14 days. granted it has been used though
 
Soldato
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Thats not correct, you can return within 14 days the company is talking rubbish. It doesn't matter that it has been used, when buying online you have extra rights to test the item as you would in a shop.
 
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Thats not correct, you can return within 14 days the company is talking rubbish. It doesn't matter that it has been used, when buying online you have extra rights to test the item as you would in a shop.

ok, so shall I ring them up and say " nope, thats not correct I have 14 days ? "
 
Soldato
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ok, so shall I ring them up and say " nope, thats not correct I have 14 days ? "

Yep.

This is the key point

'You automatically get a 14-day ‘cooling-off period’ when you buy something you haven’t seen in person - unless it’s bespoke or made to measure.

The cooling-off period starts the day after you receive your order, and there doesn’t need to be anything wrong with the item for you to get a refund.'
 
Soldato
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So I bought a monitor from an unnamed online store, tried it, and realised its not for me. I then asked for a return and they said " because it's been used we can't accept a return "

is this correct? I thought you can return items no questions asked within 14 days. granted it has been used though
as others have already stated the seller is talking rubbish. but just be aware that they can deduct a value from the refund (as long as it's mentioned in there t's & c's of sale - if not bad luck for them) if you have reduced the value of the item e.g. there are an scuffs or marks on the monitor. they don't sound like the most reputable retailer so make sure you don't give them a reason to reduce the refund value. so make sure you return all the cables etc that came with and it's always worth wiping any sweaty finger/thumb prints off the screen too.
 
Soldato
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Company i work for don't accept returns if item has been fitted/used either. Not sure of the ins/outs of it all
unless your company sell bespoke/custom made items or items that degrade quickly over time they are in breach of Consumer Rights Act. might want to have a 'word in their ear' as it may eventually come back to bite them.
 
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as others have already stated the seller is talking rubbish. but just be aware that they can deduct a value from the refund (as long as it's mentioned in there t's & c's of sale - if not bad luck for them) if you have reduced the value of the item e.g. there are an scuffs or marks on the monitor. they don't sound like the most reputable retailer so make sure you don't give them a reason to reduce the refund value. so make sure you return all the cables etc that came with and it's always worth wiping any sweaty finger/thumb prints off the screen too.

it's a large retailer
 
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Soldato
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If you return something that's not faulty you usually have to pay the return postage
only if it's the retailers t's & c's that you must do so. so it's always worth double checking their returns policy and a quick look at the relevant retailers returns policy doesn't seem to mention any requirement to cover return postage so they must refund that too.

Unwanted products


An unwanted product can be returned for a full refund within 21 days of delivery as long as it’s still in its original, unopened packaging. This returns policy for unopened goods is in addition to your statutory rights and applies to purchases made in store, online or over the phone.

Separately to the 21 day policy above, and in accordance with your rights when you purchase goods online or over the phone, unwanted items can be returned even if you have opened them for inspection as long as you let us know within 14 calendar days from the day after delivery. Once you have told us you want to return an item, you should do so without undue delay and not later than 14 days from the day on which you informed us of your decision to cancel the order. You can examine the goods as you would in a shop but to obtain a full refund you must not start using them, install them or input any data/software. The goods must be returned in ‘as new’ condition and in their original packaging.

Returns and exchanges can only be processed with proof of purchase. This can be the sales receipt, a bank statement or an online sales invoice. Please provide your order numbers when you return a product.

Click here to see our full Terms and conditions.
edit: you can ignore the 'must not start using them' bit - it holds no weight and isn't part of your statutory rights when purchasing items online
 

LiE

LiE

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Reading OcUKs policy is quite interesting.

You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. For example, if it goes beyond the sort of handling that might reasonably be allowed in a shop. We will deduct this amount from the value of the refund.

This is the key bit:

For example, if it goes beyond the sort of handling that might reasonably be allowed in a shop.

I believe this is the standard approach when buying online. So buying a monitor and plugging it in to try it would definitely be the sort of handling you'd be allow in a shop.

However what does that mean for items that are boxed with tamper seals? If I walked into OcUK shop and asked for them to open a brand new GPU and have a look, I'm not sure they'd be keen?
 
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Soldato
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I think what's not clear from this article is if you open or try something out do you still get to do the return? If I buy a monitor for example and set it up and decide I don't like it and return it, the company will now have an open box / B-grade item and won't be able to sell as new. A lot of items come with seals on the box that you'd have to break to open it as well.
you're right it's not very clear. normally the CAB are quite good with their info but that bit, is for some reason, borderline incorrect.

as per the consumer contracts regulations;
The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.
so it's perfectly reasonable to open and turn on (use) an electrical item. especially a monitor. if you were buying one in a shop in person you would be perfectly entitled to ask them to open it and turn it on while connected to a source. so if you've bought it online you are entitled to do the same. as long as you don't scrape, scuff or otherwise permanently mark the monitor or return it missing parts they must issue a full refund. the fact they have to resell it as used/b-grade/open box isn't really the consumers issue.
 

LiE

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if you were buying one in a shop in person you would be perfectly entitled to ask them to open it and turn it on while connected to a source.

I agree, but I imagine a lot of shops wouldn't be helpful with this type of request. If I asked for Currys to open a 65" TV and connect it up I bet that would be "nope". Which is OK, so long as you're OK to bring it back if when you do it at home and decide you don't like it you can return it. I guess there is a bit of a grey area when it comes to what is reasonable to request in a shop.
 
Soldato
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If I asked for Currys to open a 65" TV and connect it up I bet that would be "nope".
they'll open it if you refuse to purchase it without seeing it first ;)
Which is OK, so long as you're OK to bring it back if when you do it at home and decide you don't like it you can return it.
you're not legally entitled to return an item you've purchased in person if you decide to return it because you don't like it - there is no 14 day cooling off period with in store purchases. it's expected that you would have examined the item before leaving the shop with it. of course some retailers are much more 'helpful' and may well accept a return in this situation but they have no obligation to do so.
 
Soldato
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On the examining it in the shop. Could there not be an arguement that in some shops, the item is displayed in the box/packaging. Therefore by ordering online and opening the box you have actually gone further than you could in a shop. For example i'd never expect Smyths to have open, built versions of Lego to see the actual finished product.

Assuming the store doesn't have open examples of course.
 
Soldato
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On the examining it in the shop. Could there not be an arguement that in some shops, the item is displayed in the box/packaging. Therefore by ordering online and opening the box you have actually gone further than you could in a shop. For example i'd never expect Smyths to have open, built versions of Lego to see the actual finished product.

Assuming the store doesn't have open examples of course.
it's precisely why some stores have a display model for almost every tv they sell - so the buyer can see it in the flesh. but as a buyer of a tv you are well within your rights to ask to have it opened and connected to a source so you can gauge the screen quality for example (dead pixels)

of course a shop can refuse to open a box and connect up a display for you. equally as a buyer you are entitled to refuse to purchase the tv/monitor if they don't.
about 6 years ago i bought a tv from the same place the op did and asked for it to be opened and checked. i was initially directed to their display model but after making it clear i wanted to check the screen and if they couldn't do so i would simply walk away from the purchase they agreed - took a few minutes of conversation and much frowning but they did it all the same. i wandered off for a few minutes while they hooked it up so i could have a look and took it away happy. ironically the ******* thing developed a dead pixel about 8 months later :mad:

you can ask to open and examine any item in a shop you want. the shop isn't obligated to do so but as i say you are obviously equally within your rights to walk away from the sale for that reason. when purchasing online you don't have option to ask for it to be opened so you can examine it so the 14 day cooling of period was built in to give the online buyer the same/similar rights to the instore buyer.

re your lego example - there will be a picture of the finished build on the box so there's nothing really to examine. if the blocks are missing or the build isn't the same you can return it as faulty. you wouldn't buy a plain brown box of lego with a simple text description of the contents (or at least i wouldn't :p)
 
Soldato
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The full Extract from the regulations:


(9) 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.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

(13) Where the provisions of this regulation apply to cancellation of a contract, the contract is to be treated as including those provisions as terms.



So it all depends on what you mean by you "tried it". If you plugged it in, saw it turned on and didn't like it, you can return it and you do not have to specify any reason at all as long as you are within the 14 days.

If you have gamed on it for a week then I would argue that goes beyond the realms of what would be allowable.
 
Soldato
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If you have gamed on it for a week then I would argue that goes beyond the realms of what would be allowable.
no arguing needed about it - it clearly goes beyond the realms of what would be allowable. however there's virtually no way to prove the buyer gamed on it for a week. if it could be proved you can be certain retailers would be knocking back a whole lot of 14 day returns.
 
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