Computer Active (UK)

Am I due refund if tablet can’t get Android 12?

- Gerard Livesey Antony Hoy

Last July, I bought a Neocore E2 tablet (pictured) from https:// neocore.store, and checked that it could be updated from Android 10 to 12, as was advertised on the site. It’s now the end of January and there’s still no sign of the update. Neocore isn’t responding to my emails. Can I get a refund if the update doesn’t appear on the tablet?

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Gerard might be able to use two laws to pursue a refund. First, if it turns out that the tablet can’t be upgraded to Android 12, he

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could claim under the Consumer Rights Act for “goods not as described” and ask for damages. This could be a full or

Zoom says I can’t cancel this because it’s a subscripti­on.

Do I have to accept this?

No, Antony doesn’t have to accept it, and he should keep chasing Zoom for a refund. Under the Consumer Contract Regulation­s you have 14 days to cancel a subscripti­on, whether it’s when you first sign up or when it’s automatica­lly renewed.

However, this applies only if you haven’t ‘used’ the service during this period, such as by downloadin­g content

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partial refund.

Second, Gerard could claim under the Unfair Trading Regulation­s that Neocore misleading­ly stated that the tablet could be upgraded. He should point to the fact he checked this before buying.

However, that assumes the tablet can’t be upgraded, and we won’t know that until we speak to Neocore. The company is based in Tooting, southwest London, so we hope it won’t be hard to get hold of.

If it tells us that the tablet can be upgraded, we’ll ask why it hasn’t happened yet given that Android 12 was released in 2021. (music, games, TV etc). Zoom told Antony that a clause in its terms and conditions means it doesn’t have to refund him. This isn’t true. A company must abide by its terms, but these aren’t allowed to break consumer law.

A point to remember is that even though the subscripti­on was used by Antony’s Rotary Club, he acted as the consumer by paying for it and taking out the contract in his name.

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