Currys won't allow me to return item which I've tried

lazzareo · 1 May 2017 at 4:33PM

Hi,

I bought a record player for my birthday last week from Currys. I tried it on Thursday and was disappointed with the sound quality and the fact when played over Bluetooth you can hear it quite loud on the turntable and on the Bluetooth speaker which is annoying.

I emailed Currys (KnowHow) on Friday to say I wanted to return it and today they phoned me back to say that I might need to buy a better speaker for better sound and old records might be a contributing factor to the poor sound.

They then advised there is nothing further they could do and would not accept a return. I said I thought I had a right to return an item within a period of time if I wasn't happy with it. They said there T&C's are clear and will not accept a return.

T&C from Currys website " You can examine the goods as you would in a shop but to obtain a full refund you must not start using them, install them or input any data/software".

Are Currys correct in that I can't return it or do I have any rights?

Thanks in advance.

SuperHan · 1 May 2017 at 4:36PM

Currys are correct. For an item purchased in a shop you have no right to return for change of mind other than as allowed by their returns policy. It appears Currys returns policy does not allow for a return in your circumstances.

You are entitled to a refund where goods are faulty/not as described. Unless the sound quality is a specific fault to your unit (this doesn't seem to be the case though, you seem more unhappy with the quality of the product overall) then you have no right to a refund/return.

theonlywayisup · 1 May 2017 at 4:55PM

I'm not entirely clear from your OP if you bought it online or in store?

lazzareo · 1 May 2017 at 5:45PM

theonlywayisup wrote: »

I'm not entirely clear from your OP if you bought it online or in store?

Hi, I purchased it online.

bris · 1 May 2017 at 5:52PM

Unfortunately the online returns are now pretty much muddied by the retailers rights to reduce the refund up to the whole cost of the goods if the user goes above what is reasonable.

They are technically correct when they say that you can inspect them in your home the same way you can in a shop. By this meaning it doesn't mean you can get the records out and play with it.

It's going to take a court case to clear this up because what's reasonable is for the courts to decide.

wealdroam · 1 May 2017 at 6:28PM

What Bris says is pretty much correct.

If you are still within 14 days of delivery, then Currys should not be refusing your order cancellation.

But paragraphs 9 and 12 of Regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 tell us:

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

dj1471 · 1 May 2017 at 6:35PM

Just because you've used the product does not mean you lose the right to return it, but as bris states Currys can reduce the amount they refund to take account of your use of the product.

I'm pretty sure this bit of Currys' T&Cs is unlawful:

The goods must be returned in ‘as new’ condition and in their original packaging.

Which is supported by this from Citizen's Advice:

If your contract says you must use the original packaging, this is likely to be considered an ‘unfair contract term’. You can tell the seller this and see if they’ll agree to accept the return without the original packaging.

I would try simply contacting Currys to cancel, don't give any reason as you don't need to, then return the item per their instructions. Assuming you have all the original packaging and haven't damaged anything I suspect you'll get a full refund.

lazzareo · 1 May 2017 at 6:43PM

dj1471 wrote: »

I would try simply contacting Currys to cancel, don't give any reason as you don't need to, then return the item per their instructions. Assuming you have all the original packaging and haven't damaged anything I suspect you'll get a full refund.

Thanks all...I suppose if I'd took this approach to begin with and not mentioned that I'd tried the record player there wouldn't have been an issue. I suspect I can't do this now because I've already told them I've tried it.

BlueKenny85 · 1 May 2017 at 6:53PM

lazzareo wrote: »

Thanks all...I suppose if I'd took this approach to begin with and not mentioned that I'd tried the record player there wouldn't have been an issue. I suspect I can't do this now because I've already told them I've tried it.

It could develop a fault within 30 days then Curry's will have to accept a return. If it does not sound right, it could already be faulty. Goods have to be of satisfactory quality, if it's not i.e sound quality is rubbish return it and stand your ground.

neilmcl · 1 May 2017 at 7:24PM

lazzareo wrote: »

Thanks all...I suppose if I'd took this approach to begin with and not mentioned that I'd tried the record player there wouldn't have been an issue. I suspect I can't do this now because I've already told them I've tried it.

Are you able to demo turntables at the Curry's store?

dj1471 · 1 May 2017 at 8:53PM

lazzareo wrote: »

I suspect I can't do this now because I've already told them I've tried it.

It's worth a try, who knows how good they are at record-keeping and tracking customer correspondence. You're entitled to return it in any case.

BlueKenny85 wrote: »

It could develop a fault within 30 days then Curry's will have to accept a return.

That's likely to be a lot more hassle, as Currys will consider it faulty, likely send it away for "evaluation" then offer a replacement rather than a refund. If the product is simply not very good this doesn't help the OP at all.

Currys won't allow me to return item which I've tried

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