Can i return this electric oven?

bobby_davro_2

Hi
This is basically due to my stupidity, but would like to know if i still have any rights.

I previously had a Gas oven that came with the house, but was actually on it's last legs and needed replacing.
i've always thought electric ovens look better in the kitchen than gas ones, so decided to buy a new electric oven from dixons....
Obviously being electric it just plugs into a plug socket... right?

I had originally asked dixons to also install this cooker and scrap the old one, but when they turned up they obvioulsy couldn't install it as there was no dedicated electric cooker socket.

However, the delivery guy said it is fairly cheap to get an electrician out to do this, so i signed for the cooker ( clearly stating that installation did not take place ) and they left.


Now, after making a few calls, it appears i need to pay £50 to a gas installer to cap off my gas supply.
And for an Electrician to come out and install a new cooker socket, it will be around £200.

These charges actually cost more than the cooker was worth and was somethng i was definately not anticipating....

If i knew this, i would have stuck to a Gas Oven..

So even though there is nothing physically wrong with this oven, can i still return\exchange it?
Although the oven has not been used, i do not have any of the original packaging as the delivery guys took it away...

Dixons customer service is now closed till monday, but wondered if you guys think i have any rights to return this.

Thanks

TomsMom

Did you buy online or from the high street?

I know that if you buy anything from Dixons online and want to return it then it must be in it's original box and packaging. I don't know their policy for items bought from their bricks and mortar shops but generally, where shops have a change of mind policy, they require the goods to be returned in their original packaging.

Personally I doubt if they'll take it back but it's worth a try.

bobby_davro_2

yes bought online and was delivered today!

Wickedkitten

On one hand I would say you should have looked into this before you thought of getting an electric cooker, but on the other, you might be able to return it under distance selling regs.

TomsMom

bobby_davro wrote: »

yes bought online and was delivered today!

This is their Returns Policy for online orders

Change of Mind Cancellations
You can cancel your purchase at any time either before or up to 7 working days* following the day you receive the goods by:

e-mailing us at dixonswebsales@dixons.co.uk if you ordered a product online to request that we collect your product.
phoning us on 0844 561 1111 - please have your order reference number and delivery details to hand.

* “working days” means all days other than Saturdays, Sundays and Public Holidays
We will arrange to collect the goods from you.

Your product must be complete and in 'as new' condition e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging. It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it. Pre-recorded videotapes, DVDs, CDs, minidisc, memory cards and software must still be sealed. Any 'Free Gifts' received with the product must also be returned.

If you follow the steps above you will receive a full refund of the product price and any delivery charge paid. However, you must pay the following charge for the goods to be collected from you:

Products Collection Charge
Large kitchen appliances, 32” TVs or larger £19.99
Other Items £7.99



If you return two or more product types together, only the higher charge applies. The collection charge will be taken at the same time we refund your purchase price and will be shown separately on your refund receipt.

We cannot cancel your purchase when:

there is a contract for services with the product and you have started using the services (this would include, e.g. a mobile phone subscription, but not an extended warranty service agreement);
the seal has been broken on any videotapes, DVDs, CDs, minidiscs, memory cards, or software or games, or on any personal hygiene products such as shavers, or
the goods were a special order to your specification.
Whilst the goods are in your possession, you must take reasonable care of them and not use them.

Well, you'll be within the seven working days you're allowed to change your mind but you have the problem of the packaging. Maybe you can ring and explain that you thought you'd be able to just plug it into a socket (act a bit thick, it works wonders sometimes ) and as you assumed it would be OK the delivery guy took the packaging away.

derrick

TomsMom wrote: »

This is their Returns Policy for online orders



Well, you'll be within the seven working days you're allowed to change your mind but you have the problem of the packaging. Maybe you can ring and explain that you thought you'd be able to just plug it into a socket (act a bit thick, it works wonders sometimes ) and as you assumed it would be OK the delivery guy took the packaging away.

Their return policy cannot take away your statutory rights, in this case Distance Selling Regulations, (DSR), see Qs 3 & 4. Their first line is a legal requirement anyway, but they word it as if they are doing the customer a favour.

You can return the oven without reason by informing them within 7 working days beginning the day following receipt of goods.
As far as the packaging goes, I am pretty certain that they cannot compel you to return it, (but can't find this at the moment), however the delivery people took it after you explained that the oven could not be installed and gave you some terrible information about installation costs.

You need to inform them that you are invoking your rights under DSR and that they already have the packaging.

You should not be liable for return costs unless they made it clear, before delivery, that you would be liable for return costs, however it does look like they have covered that in the Returns Policy and you will be liable.




.

mikeandrach_2

wrong i'm afraid, if you haven't got the packaging you can't return. dsr state the item must be in a resellable condition, no packaging is not resellable, i doubt dixons will do it but worth asking, it is irrelevant that they took away the packaging if you haven't got it its the same result whether they took it or you. sorry but you will prob be stuck with this item

derrick

mikeandrach wrote: »

wrong i'm afraid, if you haven't got the packaging you can't return. dsr state the item must be in a resellable condition, no packaging is not resellable, i doubt dixons will do it but worth asking, it is irrelevant that they took away the packaging if you haven't got it its the same result whether they took it or you. sorry but you will prob be stuck with this item

No I am not wrong, you do not need the packaging, plus the delivery people took it after not carrying out the installation instructions that the OP paid for and gave them bad information about installation costs!

The following is from "Business Guide to DSR" page 28; -

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.

You may ask consumers to return goods with the original packaging,
but you cannot insist on this.

Also from same link; -

How can I resell the goods as new if they have been opened
and tested by the customer?

3.59 The DSRs do not provide any general exception to the right to cancel
on this point. Unless one of the specific exceptions referred to above
at paragraph 3.38 applies, consumers can exercise their right to
cancel a contract and return the goods to you. The DSRs do not link
cancellation rights with a supplier’s ability to resell items as new.

bobby_davro_2

Thanks for the advice guys!
Phoned dixons today, explained my spupidity and the bad advice i was given by the delivery guys and it looks like they will swap it for a Gas one!

They didn't actually ask about the packaging, they just asked if it had been used and i just told them it is still sat in the middle of the kitchen where their delivery guys left it!

Lets just hope when they drop off the gas one, they will just take the electric one without any questions.


Also, one thing to add is that i also ordered a fridge freezer with this order that was also in packaging.
Before they even brought these products in the house they unpacked them outside and threw the boxes in the van.
If i hadn't even seen them remove the packaging through my back window i wouldn;t have even known there was any.

Therefore, i'm going to act dumb if they ask about packaging and claim there never was any.

Anyway, thanks again for the help.

TomsMom

Thanks for letting us know Bobby Davro. That's really good news. Hope the swap goes well and there's no problem about the packaging. Come back and let us know.