Can i return my tv for a full refund or exchange?

GmannnGmannn

I recently saw a tv i liked on currys website but wanted th tv that day so went into a currys store to buy it,unfortunately they didn't have one in the store i could look at so the sales assistant looked it up on the website & said he could order one from their warehouse & have it delivered the next day which i agreed to. After having the tv for a couple of days i just can't get used to the picture which is really unnatural,artificial looking(ive looked on countless forums so tried different settings but its the norm for this type of tv!) to the point that it's nauseating & spoils the viewing! I was wondering what my rights were on taking it back for either a refund or choosing another tv,any help would be much appreciated!

terra_ferma

GmannnGmannn wrote: »

I recently saw a tv i liked on currys website but wanted th tv that day so went into a currys store to buy it,unfortunately they didn't have one in the store i could look at so the sales assistant looked it up on the website & said he could order one from their warehouse & have it delivered the next day which i agreed to. After having the tv for a couple of days i just can't get used to the picture which is really unnatural,artificial looking(ive looked on countless forums so tried different settings but its the norm for this type of tv!) to the point that it's nauseating & spoils the viewing! I was wondering what my rights were on taking it back for either a refund or choosing another tv,any help would be much appreciated!

Hello, welcome to MSE.
Have you tried taking it back? Sometimes it's easier than you'd expect.
I don't believe you are covered by distance selling regulation as you would if you purchased from their website, unfortunately, which would give you the right to cancel the contract even if you just change your mind.
But other people may be able to advise further and you'll get useful advice here (as well as I expect some comments finding lots of reasons why it's all your fault and you'll never get your money back, but just ignore those, it happens to all new posters)

Hintza

Down to the goodwill of the company, bought in store so no DSR, unless there is a fault.

McKneff

You have no rights whatsoever I'm afraid.

Watch it for a few more days, you will eventually get used to it.

Jakg

I have to disagree with the advise posted above - AFAIK it counts as a Distance Sale, so you are still covered by the DSR's

Irrespective of whether this is true - this is a new process (being able to do OVER THE INTERNET order IN STORE), and the training material mentions that customers will be covered by the distance selling regulations.

Hintza

Jakg wrote: »

I have to disagree with the advise posted above - AFAIK it counts as a Distance Sale, so you are still covered by the DSR's

It was bought in store, delivered to the store so the OP had the opportunity to inspect it in store!

Jakg wrote: »

Irrespective of whether this is true - this is a new process (being able to do OVER THE INTERNET order IN STORE), and the training material mentions that customers will be covered by the distance selling regulations.

Translation please.

System

Jakg wrote: »

I have to disagree with the advise posted above - AFAIK it counts as a Distance Sale, so you are still covered by the DSR's

Irrespective of whether this is true - this is a new process (being able to do OVER THE INTERNET order IN STORE), and the training material mentions that customers will be covered by the distance selling regulations.

The salesman only looked at it on the website. He then ordered it from the warehouse. That is not an OVER THE INTERNET order

SuperHan

!!!!!! wrote: »

The salesman only looked at it on the website. He then ordered it from the warehouse. That is not an OVER THE INTERNET order

Are you sure?!

Currys stores are now doing INTERNET sales in store, where they place an order on the WEBSITE and then process through the tills - not the same process as before where it was ordered for a central warehouse and was only for larger items.

That said, I'm not sure of the DSR implications... I think they might stand, particularly if Jakg says the training pack says so...

mo786uk

Some people are confused by what the DSR covers. It covers the distance aspect of contact between the customer and the shop. Therefore it doesnt matter if the customer does not see the goods - what matters is if the customer meets the shop staff. The definition is:

“distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more
means of distance communication up to and including the moment at which the contract is
concluded;

However, if the online retailer is a different Ltd company to the retail shop you might be able to argue that they are a different supplier and the DSR applies but you might have difficulty with that one.

As someone suggested, the retailer may just be playing it safe and offering DSR rights regardless.

If the TV is crap then you might be better of going down the Sale of Goods ACt route but you would need to show the TV is not of satisfactory quality or fit for purpose.

terra_ferma

mo786uk wrote: »

Some people are confused by what the DSR covers. It covers the distance aspect of contact between the customer and the shop. Therefore it doesnt matter if the customer does not see the goods - what matters is if the customer meets the shop staff. The definition is:

“distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more
means of distance communication up to and including the moment at which the contract is
concluded;

However, if the online retailer is a different Ltd company to the retail shop you might be able to argue that they are a different supplier and the DSR applies but you might have difficulty with that one.

As someone suggested, the retailer may just be playing it safe and offering DSR rights regardless.

If the TV is crap then you might be better of going down the Sale of Goods ACt route but you would need to show the TV is not of satisfactory quality or fit for purpose.

Looks like you are right.

What are the Distance Selling Regulations?
The Distance Selling Regulations (DSRs) are the rules that
apply if you are selling products or services to consumers
without face-to-face contact, and where the consumer has
not had an opportunity to examine the goods before buying
or discuss the service in person.

A short guide for business on distance selling

www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

System

SuperHan wrote: »

Are you sure?!

That's what the OP said

GmannnGmannn wrote: »

the sales assistant looked it up on the website & said he could order one from their warehouse & have it delivered the next day which i agreed to.