Quick questions on Consumer Rights

KeithP

chazzie83 wrote: »

Samsung Curved TV
19th Oct 17 at 1:51 PM
#1
I'm after some advice I purchased a 49" Samsung Curved TV in April, I was away all weekend when i came back i turned my TV on to find a massive black line down the screen, i've taken it back to Argos who have contacted Samsung explaining the issue and Samsung have said the LED crystals have cracked and that the only way this could of happened is with the screen being knocked its been sat on a TV unit for 6 months, there saying that i'm liable for the repair and i'm at fault I don't agree with this i'm an honest person if i had dropped it or damaged it i would of got it fixed out of my pocket but paying £700 for a TV and for it to break within 7 months and being told without someone from Samsung looking at it that its my fault.

I'm not happy has anyone had similar experiences and what can i do to make them fix it??

Thank You

The advice you were given on your earlier post was pretty good.

You were also advised to read MSE's Consumer Rights Guide.

DadAd05

Hi, I recently purchased a built-in oven online from Curry's and paid for them to install it. It was installed on Monday and afterwards myself and my partner realised that it doesn't go with the rest of our kitchen (we should have paid more attention before ordering it!). As such we'd like to exchange it but Curry's have said that we're not able to as their T's&C's state that we can't if we request installation. Is this correct? We haven't used the oven at all but the engineer did put it on and told us to leave it for 20 minutes to remove the lining. The point at which he was telling me this was the first time that I'd actually got to see the oven in person (I had my 1 year old to look after whilst they installed it), so didn't have chance before that to realise that it wasn't what we wanted.

I'm struggling to find any information on where we stand in this situation so any help would be gratefully received. Thanks.

unholyangel

DadAd05 wrote: »

Hi, I recently purchased a built-in oven online from Curry's and paid for them to install it. It was installed on Monday and afterwards myself and my partner realised that it doesn't go with the rest of our kitchen (we should have paid more attention before ordering it!). As such we'd like to exchange it but Curry's have said that we're not able to as their T's&C's state that we can't if we request installation. Is this correct? We haven't used the oven at all but the engineer did put it on and told us to leave it for 20 minutes to remove the lining. The point at which he was telling me this was the first time that I'd actually got to see the oven in person (I had my 1 year old to look after whilst they installed it), so didn't have chance before that to realise that it wasn't what we wanted.

I'm struggling to find any information on where we stand in this situation so any help would be gratefully received. Thanks.

Technically you'd have the right to cancel the contact for the goods up to 14 days after the goods are delivered, but wont be able to cancel the installation (as its already been fully performed) and currys (assuming they correctly advised you of your rights etc) would be entitled to make a deduction (up to the full contract price) if your handling went beyond what you would be allowed to do in a shop and that handling diminished the value of the goods.

Look at the consumer contract (information, cancellation & additional charges) regulations 2013. It contains all the necessary information you require.

DadAd05

Technically you'd have the right to cancel the contact for the goods up to 14 days after the goods are delivered, but wont be able to cancel the installation (as its already been fully performed) and currys (assuming they correctly advised you of your rights etc) would be entitled to make a deduction (up to the full contract price) if your handling went beyond what you would be allowed to do in a shop and that handling diminished the value of the goods.

Look at the consumer contract (information, cancellation & additional charges) regulations 2013. It contains all the necessary information you require.

Thanks for the quick response and for referring me to the consumer contract. I've had a read of it but the part I'm not clear on is what constitutes us 'handling' the goods? We haven't really handled it at all (we haven't actually touched it other than to turn it off after the engineer had put it on), but does the engineer installing it and turning it on count as us handling it? Maybe the fact that it was turned on whilst in our property does? Those scenarios would seem a bit unfair though as our first opportunity to inspect the product was after the engineer had turned it on?

KeithP

Surely your first opportunity to inspect the thing was when the engineer took it out of its box?

That really was the time to say "Woah, I think there's been a mistake".

unholyangel

DadAd05 wrote: »

Thanks for the quick response and for referring me to the consumer contract. I've had a read of it but the part I'm not clear on is what constitutes us 'handling' the goods? We haven't really handled it at all (we haven't actually touched it other than to turn it off after the engineer had put it on), but does the engineer installing it and turning it on count as us handling it? Maybe the fact that it was turned on whilst in our property does? Those scenarios would seem a bit unfair though as our first opportunity to inspect the product was after the engineer had turned it on?

The regulations aren't designed as a "try before you buy" though. Its to give you the exact same opportunity you would have had if you had went into the store to buy them in person. In other words, to examine the goods in person and if you don't like what you see, send them back for a full refund.

Theres no requirement for a try before you buy because if the goods fail to conform to contract (inherently faulty, misdescribed, not fit for purpose etc) then you have rights under the Consumer Rights Act.

BiS guidance for the CCRs give an example similar to your situation here:

I supplied and fitted a dishwasher for a customer under an off-premises
contract. A week later she contacted me and told me she no longer wanted
the dishwasher, that it had not been used and that she was returning it. Can
she do that?


10. Yes she can provided she cancelled within 14 days of delivery of the
dishwasher at her home. Although plumbed in, the dishwasher can be
removed. She must however pay you the charge agreed for the installation
service you provided. This is provided you had her express consent to start
the work in the cancellation period and told her she would have to pay. She
must also pay for the return of the dishwasher, if you told her she would be liable, in advance and provided you did not deliver the dishwasher to her at
the time the contract was entered into. In addition, she will be liable for any
diminished value if when the dishwasher is returned it shows signs of use.

Maybe speak to currys and see what they say/if they can give you a figure of how much they might deduct and then perhaps decide whether the mismatch is worth paying that amount to correct.

DadAd05

Surely your first opportunity to inspect the thing was when the engineer took it out of its box?

That really was the time to say "Woah, I think there's been a mistake".

I think I mentioned that I had my one year old to look after? The engineers arrived and asked to see where the cooker space was and where the fuse box is, which I showed them, and the engineers said that they would get on with removing the old oven. A minute or two later my son needed a nappy change so I took him upstairs to do just that, I completed a couple of very quick jobs whilst I was upstairs also. When I brought my son back downstairs shortly afterwards one of the engineers met me to say it was all done, a lot quicker than I anticipated. The oven wasn't in the house when I had gone upstairs (I presume it was in the van still), so as I say, the first time I saw it was once it had been installed and was on and heating up.

I'm not trying to dupe Curry's out of anything, I'm just trying to learn what rights I have/don't have with regards to exchanging it. If it was my responsibility to be around and check the oven before it was installed then I guess that's fair enough, although as I say, I didn't really have opportunity to do that.

The regulations aren't designed as a "try before you buy" though. Its to give you the exact same opportunity you would have had if you had went into the store to buy them in person. In other words, to examine the goods in person and if you don't like what you see, send them back for a full refund.

Theres no requirement for a try before you buy because if the goods fail to conform to contract (inherently faulty, misdescribed, not fit for purpose etc) then you have rights under the Consumer Rights Act.

Thanks again for the detailed info. Yes, I can see that the regulations aren't designed as a "try before you buy", and try before you buy certainly wasn't my intention or expectation. The part that I've been unclear about is that, due to the circumstances I didn't get to examine the goods in person in a way that I would have been able to in the shop because the engineers installed it whilst I wasn't present (not trying to say that is their fault, just state facts).

give an example similar to your situation here:

Really useful, thanks.

Maybe speak to currys and see what they say/if they can give you a figure of how much they might deduct and then perhaps decide whether the mismatch is worth paying that amount to correct.

I'll do this, thanks. It's not the end of the world if we have to keep it, as I say I just wanted to check where I stand. I did speak to Curry's after the installation and Customer Service agent didn't seem sure so went away and spoke to someone. She then said that it couldn't be exchanged as the terms on their website state that installed goods can't be. I wasn't entirely sure that could be correct, hence the post here. Thanks again.

KeithP

DadAd05 wrote: »

I think I mentioned that I had my one year old to look after?

Oh, I know you said that, and you do too.
What do you mean - 'think'?

I also know that most one year olds can be carried.

That's just an excuse.

It takes less than one minute to say "oh dear, that doesn't look right. Can you please stop for a moment while I check?".

hollydays

KeithP wrote: »

Oh, I know you said that, and you do too.
What do you mean - 'think'?

I also know that most one year olds can be carried.

That's just an excuse.

It takes less than one minute to say "oh dear, that doesn't look right. Can you please stop for a moment while I check?".

Harsh!
I think the op is simply saying he was preoccupied with the needs of a small child. No need to be so judgemental .

DadAd05

Oh, I know you said that, and you do too.
What do you mean - 'think'?

I also know that most one year olds can be carried.

That's just an excuse.

It takes less than one minute to say "oh dear, that doesn't look right. Can you please stop for a moment while I check?".

I said “I think I mentioned I was looking after my one year old” as a way of referring to that point. It wasn’t meant in a confrontational way, although I can see how it could have come across that way so apologise if that’s the case.

However, I’m really not too sure why you’re taking the passive aggressive tone with me. I’m not making excuses, why would I do that?! I’m not trying to con Curry’s out of anything, I’m just trying to understand where I stand and whether I can/should go back to them again to ask for an exchange or whether I should just accept that I didn’t order the right oven and get on with it. Can I ask why you have an issue with that?

You’re right, 1 year olds can be carried and I was carrying him when the engineers arrived, I’m not sure what you’re point is? As I said, I then took him upstairs and was preoccupied and not aware that the engineers would work as quickly as they did. Again, not apportioning any blame, just stating what happened. As I also said, if it was my responsibility to make sure that I was with the engineers to inspect the oven before it was fitted then that’s fine, im just wondering how it works.

Again, I’m really not sure what your issue is with me asking how this all works and what rights I do or don’t have, I thought that was the idea of this board.