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Is this even legal?!

10 replies

DrierThanANunsNasty · 10/03/2020 18:26

DH went to PC World last night to buy a cheapish tablet for work. The guy there told him that the £100 one would do all he needed to do so DH got that one and took it home.

He set it up last night and it was soooo unbelievably slow, it would’ve been useless for work. We did some research online and found a £200 one they sold would be better. So, he factory reset it (he’d only downloaded the app he needed for work to test it out anyway) and put it all back in its box as if it had never been touched.

This lunchtime he went back to PC World to ask to exchange the item. He was told that as he hadn’t spent £7-8 on some kind of insurance (?) he wouldn’t be able to bring it back as it had been opened. He argued that it wasn’t fit for purpose and surely he would have to open it to find out?

The colleague went and spoke to the manager who said that he could upgrade to the £200 one but would HAVE to buy the insurance on it OR buy a £230 one which he wouldn’t need the insurance on as it was more expensive.

I haven’t worked in retail for a long time but surely this is seriously against all trading standards laws? Is this just their way of trying to sell insurance to people for their targets or something? I’ve tried calling PC World but after 25 minutes on hold I’ve given up.

Does anyone know if this is actually legal?

OP posts:
DrierThanANunsNasty · 10/03/2020 18:30

Meant to add that DH ended up buying the more expensive one because he felt pressured by all the staff to do so. He’s a bit useless in these situations, bless him, so I’m full of rage for him.

OP posts:
underfall · 10/03/2020 18:40

He could have asked to return it as not fit for purpose, but not just by taking it to the shop and wanting an exchange. The shop is entitled to examine it, and possibly contest the claim.

DrierThanANunsNasty · 10/03/2020 18:51

It’s more the having to buy insurance to return it thing that I think sounds seriously dodgy! He’d had it about 16 hours and had only had it on for about 20 minutes. Just seems a very odd protocol if that is the case.

OP posts:
underfall · 10/03/2020 18:57

I don’t think so. Why should the retailer take the hit? Once it’s been opened, and turned on, they’re probably not going to be able to sell it for the full price. If your brother had bought online, he would have had a statutory right to try it and return it. But not when buying in store.

RB68 · 10/03/2020 19:07

They shld take the hit as the wrongly sold him one not suitable for a stated purpose. I would just say to them do they understand that is misselling - on the same thread as the PPI selling - ie can't have loan without PPI - so coercion... doo they really want to go down that route - I had similar issues with PCWorld when we had a manuf fault on a screen (ie it was incorrectly fitted when we opened it after they had refused to even investigate it) They incorrectly told us that was between us and the manufacturer!!! I couldn't be arsed in the end - bought new screen and DH fitted it - he has all the kit to do but was trying to save him a job. Their guarantee or fit for use etc is worthless and I think they sail close to the edge of the law with some of thier statements if I am honest

HavenDilemma · 10/03/2020 19:12

I used to work for them and it's bull shit! They obsess so much about insurance sales. If I had a customer but a computer without taking any insurance with it, I got called to the office and given third degree. Awful place

HavenDilemma · 10/03/2020 19:14

Two computer sales without insurance within one week and it's a disciplinary!!!

friendineed · 10/03/2020 19:14

No they are not legally obliged to exchange or refund it. If they do it's purely goodwill on their part. The wrapping has been taken off so that will affect its resale value. It is mean of them though

underfall · 10/03/2020 19:17

”They shld take the hit as the wrongly sold him one not suitable for a stated purpose.”

If that’s the case, yes. But the retailer does get to examine the laptop. The customer will be entitled to a refund or exchange, generally. But they have to go through the process. Citizens Advice have got full information about the buyer’s rights, in their website.

underfall · 10/03/2020 19:20

*on their website.

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