Can I return my Chromebook because it’s not Windows?

QI bought a Chromebook from Argos’s website, not realising the operating system isn’t Windows. I wanted a Windows laptop instead, so tried returning it only for Argos to refuse because it had been used. Can Argos do this? Diane Freidman

ANo, Argos can’t do this because fewer than 14 days had passed since Diane’s purchase. This is how long customers have to examine an item bought online before deciding whether to keep it. This law means that, within 14 days, you can return an item even if there’s nothing wrong with it. Once you’ve told the retailer you’re returning an item, you must send it within the next 14 days.

There’s one caveat though, which was added to the Consumer Contract Regulations (CCR) in 2014: the retailer doesn’t have to issue a full refund if it thinks you’ve used the product. This is to protect retailers who wouldn’t be able to re-sell a used item as new. So, if the retailer has to sell a returned £400 laptop for £50 less, then it can deduct this amount from your refund.

But this begs another question: does switching on a laptop count as usage? Diane turned on the Chromebook, realised it didn’t run Windows, then turned it off and didn’t use it again.

Most retailers would argue that this counts as usage, but we’re not sure that’s correct. The CCRS say that you can handle goods in a way that’s “necessary to establish the nature, characteristics and functioning of the goods”, provided this doesn’t go “beyond the sort of handling that might reasonably be allowed in a shop” - see paragraphs 9 and 12 here: www.snipca.com/34703. You’re normally allowed to turn on computers in shops to inspect them, so we don’t think Diane has broken any rules here.

We’ve advised Diane to make this point to Argos, and will provide its response in a forthcoming issue. CASE ONGOING