I’ll take anything on gov.uk as legally accurate and not merely guidance, even if it is top level stuff. I notice that b0rn2sk8 still offers nothing to back up what he’s passing as fact. What people want to be consumer law or what they believe should be consumer law isn’t the same thing as actual consumer law.
I’d suggest ChrisD doesn’t spend hours arguing with JL or escalating his complaint (the outcome won’t change) and just requests a chargeback.
I never said what was on gov.uk was wrong, what I said is that it is grossly simplified. The actual regulations are about 30 pages long all summed up in about 50 words on gov.uk.
The right to cancel is akin to a cooling off period, not a right to try before you buy. Once you start using the product, your right to cancel goes away because you've accepted the product or service. But as said come retailers give you additional rights under the terms of the contract (e.g. Apple's no questions asked, use it as much as you like, 14 day policy) but they don't have to do this.
There is a pretty good write up here:
https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/
Or here:
https://www.which.co.uk/consumer-ri...w-do-i-use-it-to-cancel-an-order-avk4B3g0YAuH
I think the guidance here is that you can use an item as you would in a store to decide if you want to buy it. So many times I’ve opened something to decide the quality isn’t up to scratch.
I’ve never had an issue returning something I’ve bought online that I have opened. I always return them in like new condition.
JL are being a pain but they should take it back if it’s in new condition. Just tell them you’re not happy with the performance and quality.
Sort of, you can't use the item but you can inspect it as you would in a shop. Generally that means you can look at the item so that you can see a white keyboard for an iPad is a white keyboard for an iPad, generally speaking you don't need to open the packaging and use it to determine that and doesn't give you the right to use it.
Goods not being of satisfactory quality or fit for purpose are two different reasons to return goods but they are not DSR. They don't really apply here because the poster hasn't said there is anything wrong with the product. They've just got buyers remorse after using it for a bit but that doesn't give them the right to return. That said if you quote those words, most retailers will just accept a return because its frankly easier and makes business sense to do so than continuing to argue with the customer.
Retailers know that if you push customers away in these circumstances, they go elsewhere (like Amazon, who don't give two hoots about returns) and don't come back. Therefore they often accept returns outside of what they are required to do by law or outside of any additional terms that you agreed to as part of the contract.
As said, the poster should just persist and JL will probably accept the return eventually because frankly its the thing that will cost them the least money in the long term but that doesn't mean they are infringing your statutory rights.