Re: Can I return a laptop I bought online?
- From: "nightjar" <nightjar@<insert my surname here>.uk.com>
- Date: Fri, 20 Jan 2006 15:41:49 -0000
"OM" <om.newsgroup@xxxxxxxxx> wrote in message
news:1137758847.071107.103670@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
> Thanks for the replies.
> Positive or negative, much appreciated.
>
> OK... I called up PC World.
> They started erming and aaring.
> Asked me loads of questions.
> I confirmed that I had turned on the laptop and installed and software.
That makes eveything else irrelevant. The Consumer Protection (Distance
Selling) Regulations 2000 require that the effect of cancelling the contract
shall be as if the contract had never existed. While the exact meaning of
that has not been tested in Court, I would have no doubt that installing the
software makes it impossible for you to meet that condition. If you had to
break any seals on any CDs or similar to install the software, that
automatically excludes you from any rights under the regulation.
....
> He then went on to say that they were a 'reseller' and not a
> 'retailer'.
> And therefore the 7 day rule did not apply to them.
That is rubbish. They are a supplier and this is a distance contract, within
the meaning of the regulations. Unfortunately, you should have decided that
the laptop was too large before installing the software if you had wanted to
rely on the cooling off period.
.....
> In any case, they have said on the phone that the software is not an
> issue.
> And I would say their terms and conditions are not clear enough in this
> issue in any case.
In fact, the software is the only relevant issue. They cannot avoid their
legal responsibilities by provisions in their terms and conditions.
> Can someone advise me of specific regulations and rules giving their
> numbers?
Statutory Instrument 2000 No 2334
The Consumer Protection (Distance Selling) Regulations 2000
Colin Bignell
.
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