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John Lewis iPad

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Have you ever thought perhaps it would be prudent to undertake some sort of due dilligence of your own in such a situation? Ask the estate agent 'are there loud noises at unsociable hours?'. If they say no and it transpires there are, there may have been an actionable misrepresentation which would create legal rights.

This whole 'try before you buy' mantra seems to remove any semblance of personal responsibility from the equation.
If you wouldn't get it in writing, you shouldn't make the deal. Is that not simple?
Or, perhaps, I'm someone that takes precautions?

Someone that doesn't enter into agreements and then back out because I was a complete idiot when I entered the agreement and failed to make a sensible decision?
Reply 23
Avatar for CurlyBen
CurlyBen
19
But if you've opened the product and used it before returning it, which would be crucial to being 'informed', the retailer can no longer sell it again as new, and will therefore lose money through no fault of their own. In any case, as I understand it the DSR are not intended to give you a trial period, but simply to enable you to return a product which is significantly different to what you expected, for example a 42" TV which is far too large for the intended room. If it was intended as a trial period so the user can 'inform' themselves, then why do similar regulations not apply to goods bought in store?
Original post by Aspiringlawstudent
What a stupid reason to return something.

Seriously, either buy it or don't. That's a dick thing to do.

It's things like this that make me dislike the distance selling regulations.


shhhh.
Nice. Call the other person ignorant and say that they must be trolling. Pro arguing skills right here.

Seems like you're trying to avoid Aspiringlawstudent's points, which I happen to agree with.
Reply 26
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CurlyBen
19
Provided it functions as described (not necessarily as expected) and the retailer can no longer sell the item as new then no, I don't think that would be sufficient justification for a penalty-free return. Why should the retailer bear the cost if someone decides they don't like something? And why should only remote sellers bear that cost? Arguably not being able to try products out is the price you pay for buying online, which generally gives you a cheaper, greater range of products.

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