Q: A consumer purchased a laptop online from our company’s website. After unsealing the laptop from its original packaging, the consumer realised that it did not suit his needs. The consumer informed the company that as per his legal consumer rights he intends to return the laptop and is claiming a full refund of the money paid. He claims he is entitled to such a refund because he informed the company about his intention to cancel the sale during the 14-day cooling-off period. We informed the consumer that since he unsealed the laptop, he can no longer change his mind and ask for a refund. The consumer is not accepting this reply and is insisting on a refund. What are the company’s legal obligations in this case?

A: Regarding goods that are unsealed after being purchased through a distance sale, the Consumer Rights Regulations only excludes from the right of withdrawal the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. The regulations also exclude the supply of sealed audio or sealed video recordings or sealed computer software that were unsealed after delivery. Hence, the regulations do not exclude unsealed electronic products such as laptops.

If by unsealing the laptop the consumer diminished its value, your company may refuse to give the consumer a full refund

However, if by unsealing the laptop the consumer diminished its value, your company may refuse to give the consumer a full refund. This in line with article 16 (2) of the Consumer Rights Regulations which stipulates that consumers may be held liable for any diminished value of the goods resulting from the handling of the goods, other than what is necessary to establish the nature, characteristics and functioning of the goods. However, even in this case, online sellers are advised to inform consumers through clear terms and conditions before the contract of sale is concluded, that if after delivery, certain types of products are unsealed from their original packaging and cannot be resold as new, consumers may be held liable for any diminished value of the products.

 

Want to submit your own query? Write to the MCCAA.

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