Surface Pro (2017) vs Surface Pro 4
I bought a flat panel from an online company but it is not as good as the reviews. When I read the returns policy it says I cant return if item has been opened ie used but how else can I check its suitablity. It is very poor when placed alongside my viewsonic, eg a very awkward height and not adjustable, image quality for text is poor etc. They are both 20.1" so comparison is valid.
What are my rights?
and are not happy with it when you inspect it you can return it to the supplier within 7 days and receive a full refund. You do not have to give the supplier a reason for the return, but you must notify them before taking action - don't just send the item back.
Otherwise, you are protected by the sale of goods act, which says that an item must be 'as described'. This means that whatever you buy must live up to any technical description, or claims about performance made in an advertisement. If it's not, you can reject it, and get a full refund.
You say that "comparison is valid" with regard to comparing the new monitor with your existing monitor, but that's not necessarily true. What you must do is compare the actual item with its advertised description. If it complies with that you don't have any claim under the 'as described' rule. You may have subjective criticisms of it, but that's a completely different thing.
To summarise - if you're within the 7 day period notify the supplier that you're returning the mon itor. Ignore their statement about it not being opened, you can't inspect something without opening the box.
Otherwise, your only recourse is to reject it as 'not fit for purpose' under the sale of goods act, but you can't do that unless you can demonstrate that there's something wrong with it, or if you can show that it is not as per the description the supplier gave on the website.
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