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  • FIRST POST
    • lazzareo
    • By lazzareo 1st May 17, 4:33 PM
    • 14Posts
    • 4Thanks
    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 2
    • unholyangel
    • By unholyangel 18th May 17, 12:52 AM
    • 10,946 Posts
    • 8,211 Thanks
    unholyangel
    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.”
    Originally posted by paweaz
    Sale of Goods Act and Supply of Goods and Services Act no longer applies to b2c contracts. The sections relating to consumer purchases were repealed and replaced by the Consumer Rights Act.

    Fit for purpose....it only has to be fit for the purpose the goods are commonly supplied for unless you specifically make another purpose known to the trader in which case it needs to be fit for that purpose. However from what OP said, it did play records, just the sound quality wasn't to their expectations. So it was fit for purpose even if it may not be of satisfactory quality depending on the exact circumstances.

    As for the part of the act you have quoted....you've missed a very important part:
    (2A)For the purposes of this Act, 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.
    Now those provisions were pretty much exactly transposed into the CRA. But as noted, sound quality is subjective - you wouldn't expect a £50 player to be as good as a £500 one.


    Our consumer rights have not been eroded. While some changes were to the consumers detriment, the majority of them were to our benefit. For example under the old SoGA, you would have to rely on the trader agreeing you had rejected the goods within a reasonable time before you would be entitled to a refund - now its a blanket 30 days (which potentially lessens rights as "reasonable time" could be several months later - at least according to courts, you'd have been unlikely to find a retailer who would agree to it without a courts insistence though - but rejection periods like that were always an exception rather than the norm).

    You now only have to give the retailer 1 attempt to repair or replace - after that, you have the right to reject for a refund again. While under the SoGA, there was no limit to the number of repairs/replacements a retailer could make and you would be reliant on a court agreeing the number of attempts had been unreasonable.

    The retailer cannot make a deduction from your refund if its within the first six months after purchase (the exception is motor vehicles). While under the old SoGA, there was no time limitation placed on the reduction.

    More importantly, it also gives rights for digital content - which didn't exist under SoGA at all as it only covered tangible goods.
    Last edited by unholyangel; 18-05-2017 at 12:55 AM.
    Money doesn't solve poverty.....it creates it.
    • paweaz
    • By paweaz 18th May 17, 1:19 AM
    • 11 Posts
    • 0 Thanks
    paweaz
    "What are you despairing at? "

    There is no love of life without despair of life. Albert Camus

    Are you saying the op and indeed myself are not "reasonable people" lol yes glad he got a refund but the fact he had to jump thru hoops to get one surely is despair enough..........

    Doesen't matter £10 £100 £1000 its my hard earned money if a product doesn't do whats its supposed to and to my satisfaction then sorry i'm not paying for it only a fool would.......remember the ole scots saying a fool and his money are easily parted.......seems apt today more than ever...ohh but wait they have TERMS AND CONDITIONS that makes it alright........
    Last edited by paweaz; 18-05-2017 at 1:21 AM.
    • unholyangel
    • By unholyangel 18th May 17, 1:58 AM
    • 10,946 Posts
    • 8,211 Thanks
    unholyangel
    "What are you despairing at? "

    There is no love of life without despair of life. Albert Camus

    Are you saying the op and indeed myself are not "reasonable people" lol yes glad he got a refund but the fact he had to jump thru hoops to get one surely is despair enough..........

    Doesen't matter £10 £100 £1000 its my hard earned money if a product doesn't do whats its supposed to and to my satisfaction then sorry i'm not paying for it only a fool would.......remember the ole scots saying a fool and his money are easily parted.......seems apt today more than ever...ohh but wait they have TERMS AND CONDITIONS that makes it alright........
    Originally posted by paweaz
    If you're supposing that you can say the player was not of satisfactory quality when you don't even know the price or specs, never mind not having heard the sound quality yourself......then I'd at least say that you aren't a reasonable person.

    OP only said they were disappointed by the sound quality. Not quite the same as saying they didn't think it was good enough given the price paid, specs etc.

    £50 for a soundbar isn't much and would generally buy you very poor quality. Yet I managed to get one thats great quality - I already had expectations it would be better than others of its price range so was very much surprised when it surpassed my expectations. However, I would have definitely been disappointed if it had not met my expectations. But that wouldn't translate into it not being of satisfactory quality given the quality of other makes/models in the same price range.
    Money doesn't solve poverty.....it creates it.
    • gycraig
    • By gycraig 18th May 17, 8:31 AM
    • 344 Posts
    • 240 Thanks
    gycraig
    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.”
    Originally posted by paweaz
    Not really it's based on the price on the product. It's like expecting a 60 quid Alcatel phone to be as fast as the new s8 and have a similair camera
    • neilmcl
    • By neilmcl 18th May 17, 8:48 AM
    • 9,686 Posts
    • 6,702 Thanks
    neilmcl
    "What are you despairing at? "

    There is no love of life without despair of life. Albert Camus

    Are you saying the op and indeed myself are not "reasonable people" lol yes glad he got a refund but the fact he had to jump thru hoops to get one surely is despair enough..........

    Doesen't matter £10 £100 £1000 its my hard earned money if a product doesn't do whats its supposed to and to my satisfaction then sorry i'm not paying for it only a fool would.......remember the ole scots saying a fool and his money are easily parted.......seems apt today more than ever...ohh but wait they have TERMS AND CONDITIONS that makes it alright........
    Originally posted by paweaz
    I take it you don't go with the old adage of "you get what you pay for" then.
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