Purist you are correct:
So I buy a computer which has a fault in the hard drive. I cannot detect that fault without turning the PC on and using it. Have I accepted the PC by unpacking it, plugging it in and turning it on?"p8ddy - Member
You don't know it works. But you have intended to use it. If you return it to the shop without opening it and turning it on you are entitled immediately to a refund.
No it doesn't. Which is why Trading Standards advice is that you put in writing that you are formally rejecting the goods. And having done so, must have nothing at all to do with them again.
Well p8ddy. Why do you think you have to formally write to say you are rejecting the goods? Its because that the default situation is accepting them. You don't have to write and officially accept them it is implied unless you don't accept them.
Junkyard I think you didn't read my post correctly, or you misunderstand.
it would be pretty hard to know the thing you have just bought does not work if you dont use it.
Makes perfect sense to me.
You are correct, but by using or attempting to use the item you are showing that the item is the one you want and if it did work, you would not have a problem.
Lets use your shoe example:
I buy a pair of size 12 shoes - I try them on they dont fit have I accepted them in your view?
It depends. If you are in the shop and have tried them and purchased them you have pretty much accepted them. However you still have a chance. If you now take them home and try them again return them without using them you can have a refund.
If you buy your size 12 shoes and USE them even for a little while and decide they are the wrong size. Its tough, they are now yours, you cant have a refund.