Apple watch from Very.co.uk refusing to accept a return

[overpricedcoffee]

Looking for some advice as I am a bit stuck as to what to do and if I have indeed made a mistake ordering an Apple Watch from Very

So I ordered an Apple Watch from Very and unboxed it, checked that it looked ok i.e no damage, no marks or scratches and turned it on synced it with my iPhone whilst I left it charging, tried it on and decided there and then to return it and get the 42mm version.

Called up very today as I could not make the return online due to their "home approval return policy" and was told by the advisor that as I had opened the packaging at the very least I am unable to return the item for a refund and/or replacement of a slightly different model.

The customer advisor also stated that the DSR does not apply as I have already opened the box and/or used the Apple Watch so even if I did return it they would check it was all ok before returning it back to me.

I thought under the DSR you are allowed to test the item as you would in store and are legally allowed to send back any item as long as you contact them in writing within 14 days.

If I have made a mistake and I am not within my rights to return it I will simply keep it (it's in it's box right now at home)

[des8]

Re: Apple watch from Very.co.uk refusing to accept a return

Refer VERY to "The Consumer Contracts (Information Cancellation and additional charges) regulations 2013 (http://www.legislation.gov.uk/uksi/2...lation/34/made)

29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—

(a)

regulation 34(3) (where enhanced delivery chosen by consumer);

(b)

regulation 34(9) (where value of goods diminished by consumer handling);

(c)

regulation 35(5) (where goods returned by consumer);

(d)

regulation 36(4) (where consumer requests early supply of service).
(2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.(3) Paragraph (1) does not affect the consumer’s right to withdraw an offer made by the consumer to enter into a distance or off-premises contract, at any time before the contract is entered into, without giving any reason and without incurring any liabilit

Normal cancellation period

30.—(1) The cancellation period ends as follows, unless regulation 31 applies.(2) If the contract is—

(a)

a service contract, or

(b)

a contract for the supply of digital content which is not supplied on a tangible medium,
the cancellation period ends at the end of 14 days after the day on which the contract is entered into.(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—

(a)

the consumer, or



Reimbursement by trader in the event of withdrawal or cancellation

34.—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.

[overpricedcoffee]

Re: Apple watch from Very.co.uk refusing to accept a return

Refer VERY to "The Consumer Contracts (Information Cancellation and additional charges) regulations 2013 (http://www.legislation.gov.uk/uksi/2...lation/34/made)

29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—

(a)

regulation 34(3) (where enhanced delivery chosen by consumer);

(b)

regulation 34(9) (where value of goods diminished by consumer handling);

(c)

regulation 35(5) (where goods returned by consumer);

(d)

regulation 36(4) (where consumer requests early supply of service).
(2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.(3) Paragraph (1) does not affect the consumer’s right to withdraw an offer made by the consumer to enter into a distance or off-premises contract, at any time before the contract is entered into, without giving any reason and without incurring any liabilit

Normal cancellation period

30.—(1) The cancellation period ends as follows, unless regulation 31 applies.(2) If the contract is—

(a)

a service contract, or

(b)

a contract for the supply of digital content which is not supplied on a tangible medium,
the cancellation period ends at the end of 14 days after the day on which the contract is entered into.(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—

(a)

the consumer, or



Reimbursement by trader in the event of withdrawal or cancellation

34.—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.

Many thanks for the detailed response so if I am understanding correctly Very cannot refuse a return however may under section 34(9) charge me for use of the product as this could/has potentially diminished it's value?

[des8]

Re: Apple watch from Very.co.uk refusing to accept a return

They can only make a deduction if the handling was "beyond what is necessary to establish the nature, characteristics and functioning of the goods,"

Perhaps it was necessary to unpack it so see it in its entirety, and to charge it to examine its functioning.
I only included 34 as a warning that they might play difficult, and so you are forewarned and ready with your argument!

[overpricedcoffee]

Re: Apple watch from Very.co.uk refusing to accept a return

They can only make a deduction if the handling was "beyond what is necessary to establish the nature, characteristics and functioning of the goods,"

Perhaps it was necessary to unpack it so see it in its entirety, and to charge it to examine its functioning.
I only included 34 as a warning that they might play difficult, and so you are forewarned and ready with your argument!

Thanks man you're a star and I deemed it necessary to sync it with my phone and to charge it to make sure everything was working so will take this up with Very and see how I get on!

[des8]

Re: Apple watch from Very.co.uk refusing to accept a return

Not to see if it was working, but to see how it worked (ie to establish how it functioned!)