Currys refusing refund of order cancelled within the 7 day cooling-off period

bcl999

CoolHotCold wrote: »

No not even Apple.

Not sure where you got your quote from but they definitely had a 14-day no-quibble refund policy in their stores in August/Septemeber 2010. It was the first time I had ever purchased an apple product and I made sure the T&Cs were explained to me and I had understood them properly (as an iPad is a big purchase to me). There was even a date printed on the receipt which showed the last day you could return the item for the refund. In the UK, it is 14 days and in the US it is longer, 28 days I think.

I still wasn't sure so returned it and got a refund no problem. I subsequently got one from John Lewis (see my post above) who have a 28day refund period and that was when they tried to charge 20% stocking fee as they said it could no longer be sold as "new".

I've since bitten the bullet and bought one. Vastly over-priced at £699 but I have to say I love it and use it every day.

CoolHotCold

http://www.apple.com/legal/sales_policies/retail_uk.html

bcl999

Thanks so much for that reference. (I did go the site before I asked but couldn't find the relevant page.)

Well, that is a major change in their trading terms and they would have sold at least one less iPad (i.e. mine) if that had been in their T&Cs last year!

I think I am going in to town later today and will call in to the store if I have time, just to see what they say.

derrick

Freddie_Snowbits wrote: »

Exactly the sama as a DVD. You can inspect the DVD, but not play it. Once you have switched on the iPAD, I am afraid you have accepted the software. There terms and conditions are clear on this

Quote:
What you need to know & How do I return my product after delivery?
If for whatever reason you change your mind and would like to return your order after delivery, we’re happy to refund or exchange your purchase as long as it’s unopened and in its original packaging. This option is available for 21 days after delivery.
Following the Distance Selling Regulations, we will accept items back even if you have opened the goods to inspect them. You are entitled to a refund as long as you return your goods within 7 working days* from the day of delivery. along with any accessories and free gifts received with it. The goods must in an ‘as new’ condition and returned in the original, undamaged packaging,The product must not have been used or installed or had any data inputted. Whilst the goods are in your possession you must take reasonable care of them and not use them. DVDs, CDs, memory cards and software must still be sealed.
* Working days means all days other than Saturday, Sunday and public holidays.


http://www.currys.co.uk/gbuk/Returns-Cancellations-1043-theme.html

Then there are the Regulations,i.e the LAW! If their T&Cs contravene the Regulations, (Statutory Rights), then they are void!

DSR;-

"From 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. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them."


.

CoolHotCold

derrick wrote: »

Then there are the Regulations,i.e the LAW! If their T&Cs contravene the Regulations, (Statutory Rights), then they are void!

DSR;-

"From 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. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them."


.

I read that as, Dixons Retail are asking for the goods in the original packaging, if they refuse a refund based on this then its contravening the law.

tomwheels

Looks as though consumers that have bought online in these circumstances have quite a good case against them then... I will be writing them a letter after and if I finally get a refund. I rang them today as they were meant to collect the iPad yesterday and they said they had accidently forgot to book it in with the courier, even though I had an email from them saying it would be collected on Monday 16/05 between 9 and 5. Now they have reorganised to collect tomorrow. Couldn't organise a p**s up in a brewery! excuse my expression.

derrick

CoolHotCold wrote: »

I read that as, Dixons Retail are asking for the goods in the original packaging, if they refuse a refund based on this then its contravening the law.

That is correct, their T&Cs cannot override legislation.

Although personally I would be careful with any packaging I opened so that in the event I did want to send back I could do so with the original packaging, it does not take much effort to be careful and send back without causing unnecessary inconvenience.


.

bcl999

I visited the apple store yesterday and was assured that their 14-day no-quibble policy (definitely on iPads but think it is on all devices - software only purchases are different) still applies as described in my post number 32 above.

tomwheels

Hi, just thought I would update everyone, I have managed to send it back to Currys returns (via collection provided by them) and they have now issued me with a full refund. I have yet to see it back in my account but this generally takes 3-5 days cos banks are always slow. However, I have composed a letter that I am sending to head office regarding their terms on the website being contrary to the DSRs and also the bit about sending it back to a store (they were in breach of their own terms because they refused me a refund in store).