Distance Selling Regs?

[beeswax]

I read that these were replaced in 2015 and are now covered by other consumer regulations but my question is whether a retailer like John Lewis are not complying with the current laws on distance selling if as seems they are refusing to accept eg a laptop back when the seal has been broken when you want to examine it. ie they will accept it back if its still sealed in its box but not otherwise.

I think but not absolutely certain that the regs allow you to remove the outer packaging in order to examine it which is different if you were buying it direct from the shop premises where you can indeed examine one like it and the whole point of the distance selling regs was as I alluded to above. ie you have a legal right to examine it..

Of course it has to be placed back into its original packaging in all respects and not damaged in any way. There is a further question mark over whether you can actually switch the computer on as part of your examination and again some retailers have different policies. Of course I have read also that returns and refunds are accepted as a goodwill gesture and not legally binding and what I have read myself would say John Lewis are in breach of the law.

Also we do have some sympathy as most of us look for the seal is not broken we we buy things like this. Any thoughts on this?

[chas49]

Search for "Consumer Contracts Regulations" and you'll find the info. From what I read, you have the same right to examine the goods as you would in a shop. So you should be able to look at the product if it's boxed, but probably not switch it on and start the setup.

I can't see anything in JL's refund policy that contradicts this.

[Gersemi]

Reading the Consumer Contracts Regulations guide from Which

http://www.which.co.uk/consumer-rights/ ... egulations

it seems there is an exemption if you've broken the seal on CDs, DVDs or software, but this is hardware.

[beeswax]

Search for "Consumer Contracts Regulations" and you'll find the info. From what I read, you have the same right to examine the goods as you would in a shop. So you should be able to look at the product if it's boxed, but probably not switch it on and start the setup.

I can't see anything in JL's refund policy that contradicts this.

Thanks for the replies so far and accept switching the machine on is another question but if you were in a shop you would naturally examine the quality of the graphics and text and even the sound wouldn't you or one would be on display working as some are.

I suspect JL are not complying with the regs IF they are insisting on having it sealed even though their terms and conditions don't cover this situation and maybe hiding behind the software argument about it being 'sealed'? I have emailed them to clarify it..

[beeswax]

Tell you what it is...I bought a Macbook Laptop from JL a few days ago....with a 2 year warranty which is fine, its better than some retailers but noticed today they have increased that to 3 years and so I asked them if they would increase mine and their Customer Services said no..and so I said I may return it then, get a refund and buy the same one again with the 3 year warranty. And this is how we got into this question on the OP...

My old Macbook Pro lasted 6 years and they are brilliantly made and don't expect there to be any problems but they expensive and so an extra year is worth having isn't it? Having said that, its still a live issue whether people can return things like this that are 'sealed' indeed like most electrical consumer goods are now and be refused a refund when they have been opened up? Its clear that laptops are hardware and not software in most people's eyes even though its the software that is needed to make them work and wonder if that is their excuse?

[didds]

when you start up a modern newly bought laptop it goes into install windows mode... I don;t know what happens when/if you turn it off before its completed. If that buggered up the install process you can understand why the shop (any shop) would not want you to start it up. If you allowed it to complete ( or its actually OK to part install them power off and a power up wold continue from that point) there would come a time when the laptop will have become personalised ... account names and the like . Again, the shop (any shop) would understandably not want this to occur.

So we can see that powering it up is contrary to a future "new" sale.

I don;t know how you would get around the "what is the screen clarity" issue from a distance selling perspective. Clearly in a shop there may well be a demo model.

Its a bit like returning underpants that have actually been worn against skin...


didds