Tweet
Hello,
I have recently (3 days ago) purchased a laptop from an online retailer however I am not happy with my purchase and would like to return it and ask for a refund. I have opened and used the laptop to test it however I am not satisfied with the way it works. I understand that under the DSR there is a cooling -off period during which I can inform the retailer that I'd like to return the item however the retailer's (ebuyer) website states:
If you change your mind
'If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 14 days of receipt of the item. The item must not be used and must be 'as new' when returned to us. Once you've informed us that you wish to return goods under the DSR, you have 28 calendar days to do so, at your own expense. Once the item is received at Ebuyer.com, we'll issue a full refund for the product to your original payment method. Please note this policy has some limitations and does not apply to business customers.(The Distance Selling Regulations do not apply to @ work customers or our Business customers, @ work customers have 5 days to return an item as not required providing it is unopened). The following items are not eligible for return: electronic software downloads and opened software.'
However, according to the distance selling guide of the Office of Fair Trading:
'Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.'
Am I within my rights to ask for a refund? I only used the laptop for about 15 minutes (however I had to register, name the laptop, etc. otherwise I would not be able to try it out) and decided that I am not happy with it and would like to purchase a different laptop therefore I do not wish to ask for an exchange/repair but for a full refund.
I have seen a number of different opinions on the subject on other forums hence I'd like to ask for an advice. Any help would be very much appreciated!
I have recently (3 days ago) purchased a laptop from an online retailer however I am not happy with my purchase and would like to return it and ask for a refund. I have opened and used the laptop to test it however I am not satisfied with the way it works. I understand that under the DSR there is a cooling -off period during which I can inform the retailer that I'd like to return the item however the retailer's (ebuyer) website states:
If you change your mind
'If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 14 days of receipt of the item. The item must not be used and must be 'as new' when returned to us. Once you've informed us that you wish to return goods under the DSR, you have 28 calendar days to do so, at your own expense. Once the item is received at Ebuyer.com, we'll issue a full refund for the product to your original payment method. Please note this policy has some limitations and does not apply to business customers.(The Distance Selling Regulations do not apply to @ work customers or our Business customers, @ work customers have 5 days to return an item as not required providing it is unopened). The following items are not eligible for return: electronic software downloads and opened software.'
However, according to the distance selling guide of the Office of Fair Trading:
'Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.'
Am I within my rights to ask for a refund? I only used the laptop for about 15 minutes (however I had to register, name the laptop, etc. otherwise I would not be able to try it out) and decided that I am not happy with it and would like to purchase a different laptop therefore I do not wish to ask for an exchange/repair but for a full refund.
I have seen a number of different opinions on the subject on other forums hence I'd like to ask for an advice. Any help would be very much appreciated!
