Currys wont refund/replace item

JethroUK

ezzkazz wrote: »

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 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.

If it was 'unopened' they still dont have to take it back - just because you've 'changed your mind'

ezzkazz wrote: »

... 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??

Your 'happiness' is not covered by law

I think consumers get spoiled by lot of companies loose 'policy' on exchanging stuff - just because they changed their mind

but we shouldn't forget that it is 'policy' and not 'law'

law will only protect you against a fault/falsely described - so choose carefully before you buy (enter into a contract)

had you bought it online, you could've taken it back under "Distance selling regs" - which is exactly why I spent an hour in Carphone Warehouse Store with an assistant to find out exactly which phone was best for me - then bought it online (at CPW)

my advice is same as Currys - just sell it on Ebay - I bought a Sony blue ray player £90 brand new, used it one month, didn't like it and sold it on Ebay for £130 - so you might even make a buck

George_Michael

JethroUK wrote: »

If it was 'unopened' they still dont have to take it back - just because you've 'changed your mind'

Yes they do.

Provided that the stores returns policy states that returns are accepted, then they are legally obliged to honour this.
In the case of Currys, their policy is that unopened goods can be returned within 21 days from purchase.

JethroUK

George_Michael wrote: »

Yes they do.

Provided that .....

No they dont - provided nothing!

I'm talking about the law (not policy)

They dont have to take it back unwrapped orrrrrr still wrapped and sealed up, just because you've changed your mind

George_Michael

JethroUK wrote: »

No they dont - provided nothing!

I'm talking about the law (not policy)

They dont have to take it back unwrapped orrrrrr still wrapped and sealed up, just because you've changed your mind

What law?.

I am the one talking about the law.
Trading standard and the OFT have stated on many occasions that any terms and conditions (such as return policies) stated by retailers form part of the contract of sale and are therefore enforcable in law (contract law).
A retailer can't offer something (such as stating that they will accept returns) in order to encourage a sale then turn around and ignore this if a consumer wishes to take advantage of it at a later date.

ThumbRemote

JethroUK wrote: »

They dont have to take it back unwrapped orrrrrr still wrapped and sealed up, just because you've changed your mind

As George Michael says, the returns policy provided by Currys forms part of the contract between retailer and customer. As such they do have to accept items back if they meet the conditions of that policy.

They don't have to offer the returns policy, but they choose to, and as such it forms part of your rights. Not statutory rights, additional rights.

SuperHan

Try taking it back to another store/on another day to speak to a different manager. I think this one is at manager discretion because it's a fine line. Some stores may accept it back and sell it as pre-setup.

mattyprice4004

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??

You don't seem to be getting the point.

- Your Dad bought the wrong thing. That isn't the stores fault.
- They don't have to tell you that you can't return once used, that's just common sense. Consumer legislation states they don't have to accept a return just because you don't like it / it doesn't meet your needs but was described correctly.
- What makes you think you have the right to return any other electrical item if you're not happy? Inspect the product first before buying.

A lesson learnt!