Return Washing Machine to Currys

zoob

This is taken from the OFT.GOV.co uk website

When customers have a right to cancel

The Distance Selling Regulations (DSRs) give customers who buy by distance means more rights than customers who shop in person.
Unlike buying from a shop, the first time that customers will typically have an opportunity to examine goods purchased by distance means is when they receive them.
Where the DSRs give customers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded .

Nowhere does it say that use the item, I only see examine goods, maybe in the case of a TV the product could be switched on to examine as you would in a retail shop, but TVs can be put back to the new position by factory reset.
Obviously if you examine the item as stated by DSR you have an unconditional right to cancel, but by having a washing machine installed you have gone beyond examine as you would in a retail store, and therefore I believe you have lost your unconditional right.

neilmcl

zoob wrote: »

This is taken from the OFT.GOV.co uk website

When customers have a right to cancel

The Distance Selling Regulations (DSRs) give customers who buy by distance means more rights than customers who shop in person.
Unlike buying from a shop, the first time that customers will typically have an opportunity to examine goods purchased by distance means is when they receive them.
Where the DSRs give customers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded .

Nowhere does it say that use the item, I only see examine goods, maybe in the case of a TV the product could be switched on to examine as you would in a retail shop, but TVs can be put back to the new position by factory reset.
Obviously if you examine the item as stated by DSR you have an unconditional right to cancel, but by having a washing machine installed you have gone beyond examine as you would in a retail store, and therefore I believe you have lost your unconditional right.

How on earth can you "lose" your unconditional right? The right to cancel is no way linked to the ability of the retailer to resell the returned item as new. This is very clear, and is also stated in the OFT guidence to businesses.

unholyangel

zoob wrote: »

This is taken from the OFT.GOV.co uk website

When customers have a right to cancel

The Distance Selling Regulations (DSRs) give customers who buy by distance means more rights than customers who shop in person.
Unlike buying from a shop, the first time that customers will typically have an opportunity to examine goods purchased by distance means is when they receive them.
Where the DSRs give customers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded .

Nowhere does it say that use the item, I only see examine goods, maybe in the case of a TV the product could be switched on to examine as you would in a retail shop, but TVs can be put back to the new position by factory reset.
Obviously if you examine the item as stated by DSR you have an unconditional right to cancel, but by having a washing machine installed you have gone beyond examine as you would in a retail store, and therefore I believe you have lost your unconditional right.

You do understand the definition/context of unconditional........right?

zoob

unholyangel wrote: »

You do understand the definition/context of unconditional........right?

I'm sorry if im wrong in my interpretation of DSR.

What your saying is that the consumer is intitled to use the product as they is fit 24 hours a day for 7 Days, and then return under DSR Unconditionally regardless what the do to the item or what state there in.

unholyangel

zoob wrote: »

I'm sorry if im wrong in my interpretation of DSR.

What your saying is that the consumer is intitled to use the product as they is fit 24 hours a day for 7 Days, and then return under DSR Unconditionally regardless what the do to the item or what state there in.

However as mentioned in my previous post, the retailer could then take action against them for breaching their duty of care (as DSRs do state the buyer is obligated to keep possession of the item and take reasonable care of it) but given the right to cancel is unconditional, nothing else can affect that right. Nothing. Not sure how much clearer we can make it for you.

neilmcl

All the consumer is required to do, as stated earlier, is to take reasonable care. If they fail to do this then they will be in breach of statutory duty for which the seller can take out a separate action against.

It's all there, both in the legislation itself and the OFT guidance as quoted below.

3.44 What constitutes reasonable care depends on a number of things. It may be reasonable for the supplier to stipulate what they consider to be reasonable care, such as not removing hygiene seals on garments or only trying out shoes indoors. But these stipulations cannot restrict a consumer’s reasonable opportunity to inspect and assess the product. Consumers have the right to cancel even if they fail to take reasonable care of the goods; however the DSRs do give suppliers a right of action against consumers for breach of the statutory duty to take reasonable care.

Also, notice the phrase inspect AND assess the product. I would expect the ability to use the item to count as fair assessment.

shaun_from_Africa

What your saying is that the consumer is intitled to use the product as they is fit 24 hours a day for 7 Days, and then return under DSR Unconditionally regardless what the do to the item or what state there in.

Legally, the buyer doesn't even have to return the items to be entitled to a full refund.
Provided that they have informed the retailer of their wish to invoke their DSR rights, then they should be refunded in full even if the seller doesn't receive the goods back.

Hintza

On a more practical point why does she want a washer dryer? I am assuming she has managed for years without and having a dryer is lot of additional expense long term.

Also a washer dryer is trying to be a jack of all trades and master of none.

Buy her a new washing line and tell her you have a dryer now

bod1467

A separate drier is almost certain to be more efficient and cost-effective. Our washing machine is in the kitchen, but the new (condenser) tumble drier is in the garage. (The [very] old vented TD was also in the garage - at least now we can dry with the garage door shut!)

chukwe

ajones456 wrote: »

Yup. Used to happen all the time when I worked for Currys. It's a simple switch and the store shouldn't mind doing it. If they do. Go to a different branch since they get targeted for installs, they'll gladly do it.

Can I go to any branch even though I bought it online?

I called the Customer Service and they said because it has been installed, I wouldn't get a refund under DSR. Is this correct?