Currys wont refund/replace item

ezzkazz

Hi All,
I am writing this on behalf of my mum and what shes told me in the hope you guys can help with advising me in how to help them.
My dad bought a laptop from currys on xmas eve for my mum as an xmas present. Currys opened it to set it up for her. My mum said it was too heavy for her and wanted an Ipad but she hadnt touched it (but it was opened because they set it up). They went back to currys to ask if they can have an ipad instead and the manager flatly refused and said he would not take it back or refund because it had been opened, even though they were the ones who opened it. He said that my dad should not have bought it in the first place and to sell it privately!
What can my parents do?? My mum is really upset because its unusable because of the weight. Even if it was the case that it had been opened so it makes taking it back void, it was them who opened it and they did not mention that this would be the case to my dad anyway.
Does anyone know the best way to deal with them?
Any help would be appreciated. Thanks in advance.

TadleyBaggie

You have no right for a refund if the item is unwanted and was bought in the store. If they refuse to refund then legally they don't have to.

McKneff

What has weight got to do with it>?

Weight doenst make it unusable.

Put it on the table and it doesnt need to be moved at all.

They really arent that heavy.
Has she actually tried an IPAD, they realy are not what they are cracked up to be. You have to buy things through the Apple Store.
And I absolutey hate touch screen, give me a keyboard anytim.e

Is your mother disabled.

ezzkazz

weight has a lot to do with it when you have a weak arm/shoulder and cant pick it up very well.
My point was that it would have been unopened if the assistant hadnt of opened it in the store so would they not be within their rights to take it back if it was unopened? They didnt want a refund, my mum wanted an ipad as its light and she has used mine so currys would still of had a purchase.

ThumbRemote

As TadleyBaggie has said, they don't have to accept it back. Any refund or exchange is entirely down to their goodwill, and clearly in this case they aren't offering any.

Sorry it's not better news.

wealdroam

OP, the only reason it was opened was to help your parents.

Clearly your Dad was happy to accept that assistance.

If Currys refused that help at the time of sale, would we have seen a "Currys would not help setup computer" thread instead?

Your Dad has bought the wrong thing.
Please explain why you think that is Currys' fault.

ThumbRemote

wealdroam wrote: »

OP, the only reason it was opened was to help your parents.

Clearly your Dad was happy to accept that assistance.

To be fair, I suspect the assistant didn't point out that by having it set up, the purchaser would be losing the right to return it.

ezzkazz

ThumbRemote wrote: »

To be fair, I suspect the assistant didn't point out that by having it set up, the purchaser would be losing the right to return it.

This is my point exactly. If goods are unopened then I thought you can return them within a period of time.
Yes my dad did purchase the wrong thing but again surely the fact that the assistant didnt mention once it was opened it could not be brought back.
Im not sure why there is hostility towards my question? Why is it wrong for my dad to purchase something by mistake? Is this no different then someone buying any other electrical item and be allowed to return it if they are not happy??

unholyangel

ezzkazz wrote: »

This is my point exactly. If goods are unopened then I thought you can return them within a period of time.
Yes my dad did purchase the wrong thing but again surely the fact that the assistant didnt mention once it was opened it could not be brought back.
Im not sure why there is hostility towards my question? Why is it wrong for my dad to purchase something by mistake? Is this no different then someone buying any other electrical item and be allowed to return it if they are not happy??

Possibly because there is no statutory right to return unwanted products but because of many stores having a returns policy over and above statute, people seem to get confused and think they are automatically entitled to return unwanted goods. However, if they have a returns policy, there is a contractual one.

I'd certainly complain, but if their policy specifically states electricals/whatever cant be returned when opened (as opposed to it stating "laptops opened by the consumer cannot be returned").......well its rather a moot point who opened it and I think most people would realise that setting up a laptop would require them to open the box - essentially they opened it with your dads authorisation. However it would have been at least good customer service to say "if you take this service, you lose your right to return the item".

wealdroam

Unholyangel has addressed many of your points, but I'll add some more...

ezzkazz wrote: »

If goods are unopened then I thought you can return them within a period of time.

Generally speaking, you are wrong to think that.
As already stated you have no statutory right to return any goods just because you have changed your mind.
Many stores do have a returns policy that allows this, but this is in addition to your statutory rights.

ezzkazz wrote: »

Yes my dad did purchase the wrong thing but again surely the fact that the assistant didnt mention once it was opened it could not be brought back.

Maybe the assistant should've told the purchaser about that.

ezzkazz wrote: »

Im not sure why there is hostility towards my question?

What hostility?
Possibly some of the responses were not to your liking, but that does not mean there was hostility.

ezzkazz wrote: »

Why is it wrong for my dad to purchase something by mistake?

Hopefully you now know the answer to that.
Generally, it is best to assume that all sales are final unless you have documentary proof of anything different.

ezzkazz wrote: »

Is this no different then someone buying any other electrical item and be allowed to return it if they are not happy??

If the purchase is faulty, then of course you can return it for a refund, or other remedy.
But again, if it is not faulty then you need to have ascertained your rights at the time of purchase.

terra_ferma

ezzkazz wrote: »

Im not sure why there is hostility towards my question?

don't take it personally, it happens to many new posters.... I would ignore that and focus on the useful information that you got from helpful posters