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  • FIRST POST
    • lazzareo
    • By lazzareo 1st May 17, 4:33 PM
    • 14Posts
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    lazzareo
    Currys won't allow me to return item which I've tried
    • #1
    • 1st May 17, 4:33 PM
    Currys won't allow me to return item which I've tried 1st May 17 at 4:33 PM
    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.
Page 1
    • SuperHan
    • By SuperHan 1st May 17, 4:36 PM
    • 1,892 Posts
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    SuperHan
    • #2
    • 1st May 17, 4:36 PM
    • #2
    • 1st May 17, 4:36 PM
    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
    • By theonlywayisup 1st May 17, 4:55 PM
    • 10,301 Posts
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    theonlywayisup
    • #3
    • 1st May 17, 4:55 PM
    • #3
    • 1st May 17, 4:55 PM
    I'm not entirely clear from your OP if you bought it online or in store?
    "I suggest you read who's thread this is and you will find its MINE". sic
    • lazzareo
    • By lazzareo 1st May 17, 5:45 PM
    • 14 Posts
    • 4 Thanks
    lazzareo
    • #4
    • 1st May 17, 5:45 PM
    • #4
    • 1st May 17, 5:45 PM
    I'm not entirely clear from your OP if you bought it online or in store?
    Originally posted by theonlywayisup
    Hi, I purchased it online.
    • bris
    • By bris 1st May 17, 5:52 PM
    • 6,561 Posts
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    bris
    • #5
    • 1st May 17, 5:52 PM
    • #5
    • 1st May 17, 5:52 PM
    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
    • By wealdroam 1st May 17, 6:28 PM
    • 18,164 Posts
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    wealdroam
    • #6
    • 1st May 17, 6:28 PM
    • #6
    • 1st May 17, 6:28 PM
    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
    • By dj1471 1st May 17, 6:35 PM
    • 635 Posts
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    dj1471
    • #7
    • 1st May 17, 6:35 PM
    • #7
    • 1st May 17, 6:35 PM
    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
    • By lazzareo 1st May 17, 6:43 PM
    • 14 Posts
    • 4 Thanks
    lazzareo
    • #8
    • 1st May 17, 6:43 PM
    • #8
    • 1st May 17, 6:43 PM
    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.
    Originally posted by dj1471
    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
    • By BlueKenny85 1st May 17, 6:53 PM
    • 14 Posts
    • 9 Thanks
    BlueKenny85
    • #9
    • 1st May 17, 6:53 PM
    • #9
    • 1st May 17, 6:53 PM
    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.
    Originally posted by lazzareo
    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
    • By neilmcl 1st May 17, 7:24 PM
    • 9,460 Posts
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    neilmcl
    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.
    Originally posted by lazzareo
    Are you able to demo turntables at the Curry's store?
    • dj1471
    • By dj1471 1st May 17, 8:53 PM
    • 635 Posts
    • 440 Thanks
    dj1471
    I suspect I can't do this now because I've already told them I've tried it.
    Originally posted by lazzareo
    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.
    It could develop a fault within 30 days then Curry's will have to accept a return.
    Originally posted by BlueKenny85
    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.
    • powerful_Rogue
    • By powerful_Rogue 1st May 17, 9:32 PM
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    powerful_Rogue
    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.
    Originally posted by dj1471
    Just as Currys are entitled to make a reduction as per the post by Wealdroam.
    • mije1983
    • By mije1983 1st May 17, 9:32 PM
    • 2,402 Posts
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    mije1983
    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.
    Originally posted by dj1471

    Within the first 30 days the consumer is entitled to a refund if that is what they want, there is no obligation to accept a replacement. However, I think Currys would (correctly) view this with suspicion now due to the OPs previous contact with them.


    Goods have to be of satisfactory quality, if it's not i.e sound quality is rubbish return it and stand your ground.
    Originally posted by BlueKenny85
    It entirely depends on the OPs expectations. For example, a £20 item is likely to be of lower quality compared to an item that costs 10 times as much. However, for £20 it could be argued that the sound it emits is satisfactory for the price.
    Last edited by mije1983; 01-05-2017 at 9:34 PM.

    • George Michael
    • By George Michael 1st May 17, 9:33 PM
    • 2,746 Posts
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    George Michael
    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.
    Originally posted by dj1471
    If Currys accept that the unit is faulty then the OP is legally entitled to refuse the offer of a replacement and insist on a full refund instead.
    • dj1471
    • By dj1471 1st May 17, 9:40 PM
    • 635 Posts
    • 440 Thanks
    dj1471
    Just as Currys are entitled to make a reduction as per the post by Wealdroam.
    Originally posted by powerful_Rogue
    Yes they are, as I agreed previously.

    Within the first 30 days the consumer is entitled to a refund if that is what they want
    Originally posted by mije1983
    We all know what the OP is entitled to, we also know that Currys won't make getting a refund easy. I'm simply suggesting that a straight rejection will be a more straightforward route than claiming the item is faulty. Especially since it doesn't sound like it is faulty.
    • mije1983
    • By mije1983 1st May 17, 10:12 PM
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    mije1983
    We all know what the OP is entitled to,
    Originally posted by dj1471
    Your post didn't make that clear to the OP. It's clear from their few posts that they don't know their full rights so adding on 'which you can reject and request a full refund' to your post would have been helpful and clearer to them.
    Last edited by mije1983; 01-05-2017 at 10:14 PM.

    • Fosterdog
    • By Fosterdog 2nd May 17, 9:06 AM
    • 2,853 Posts
    • 4,851 Thanks
    Fosterdog
    Are you able to demo turntables at the Curry's store?
    Originally posted by neilmcl
    Some of the stores have some on display but very few have any records to try them with, they all get stolen.

    We bought a turntable at the beginning of the year and we did a lot of shopping around, visiting stores like Currys and independent music shops and the ones Currys sell are the basic cheap quality ones with very tinny sound, at least that's all they had in store, in fact that's the most common type now they look like cute retro suitcases. Almost everywhere sells the Crosley and ION brands but they really are budget and entry level when it comes to turntables.

    One of the biggest problems is the weight difference between modern and vintage records, the new budget ones don't have the weights and balancing to work well with both.

    We originally had a £100 budget prepared to maybe go up to £150 at a push but after several weeks of research, trying them out in stores (taking our own records, one old one new) we ended up realising that we would never get a sound quality we were happy with at that level.

    In the end we bought this https://m.richersounds.com/#!/product/PION-PL30

    £100 more than our budget (we also got it in the January sale, a bit cheaper than currently selling) and doesn't have built in speakers, it should go to an amp but we blew more than our budget on the turntable so hooked it up to our soundbar instead. The sound is great, will be better when we add the amp and it plays all of our new and vintage records perfectly. You won't get anything with decent let alone good quality for less than £200 and there are some much better systems in to £300-£500 price range. Anything lower will be budget and losing quality.

    On the other hand it seems a lot of people don't notice or don't care about poor sound quality, we witnessed loads of the cheap ones being bought while we were looking and have a few friends and relatives who have them and think they are great when to us they sound awful.

    I know none of this helps OP with returning the one they have but will hopefully help a bit with choosing a replacement.
    • lazzareo
    • By lazzareo 10th May 17, 7:38 PM
    • 14 Posts
    • 4 Thanks
    lazzareo
    Thanks everyone for your help. I decided to be a bit more persistent and tried one last time using the 'Resolver' service and they've given me the refund :-)
    • paweaz
    • By paweaz 18th May 17, 12:30 AM
    • 11 Posts
    • 0 Thanks
    paweaz
    Sadly the more i read on the forum the more i despair........whatever happened to the sale and supply of goods act ? fit for a particular purpose...as described...merchantable quality ?

    If a record player cannot play records to your satisfaction then surely its not fit for YOUR particular purpose.......

    Guess i must be getting old this would never had stood even a few years ago....even more erosion of our rights what will become of us lol

    For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

    (a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

    (b)appearance and finish,

    (c)freedom from minor defects,

    (d)safety, and

    (e)durability.

    (2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

    (a)which is specifically drawn to the buyer’s attention before the contract is made,

    (b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or

    (c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.”
    • mije1983
    • By mije1983 18th May 17, 12:43 AM
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    mije1983
    What are you despairing at? The OP was told their legal rights, and they then enforced them and got their refund.

    And if you are going to quote an act, you can't miss out important bits.

    goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
    The bold part is very important as a reasonable person wouldn't expect a £10 item to have the same quality as a £1000 item.

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