Currys refused refund - advice

eVOLVE_3

Actually it is down to which manufacturer and what item as to the repair/return policy. There's a system called SARG (Service and Returns Guide) which documents the procedures for pre and post 28 days. I didn't mean the blanket procedures of the manufacturer. I meant the arrangement that the retailer has with the manufacturer, which is normally the same between retailers. This is because it is the manufacturer that decides how it is dealt with on negotiations with the retailer when they are deciding to stock a specific product. Sometimes this is to ensure that only the specific manufacturer's engineers look at their specific products.

Take washing machines... we had a big list of the manufacturers and the different call-out fees etcetc and hourly rate. If you're out of your warranty they're useful to know too.

As for being able to claim a lot after this just because it's an expensive piece of equipment... that's got nothing to do with it. You'd actually have to prove that the fault wasn't through fair wear and tear. Naturally if you've got your TV on all day and half the night it's more likely to break than someone that watches the bare minimum.

Again, it's not the customer's choice on whether the item is repaired or replaced after the goods have been accepted. You have no right to a refund after acceptance, but the only way out of it (which does work) is proving that you didn't accept the item, which is tricky. Yes it is down to the retailer to organise the repair/replacement, but it is not down to them to actually perform the repair, as they may have to use a manufacturer's engineer, and MUST follow the manufacturer's returns guidelines otherwise they will have to write off the item and not be refunded themselves.

I do not know your situation, so I can't comment on your experience with Currys/Dixons, but as an ex-employee, I do know how the various returns policies works.

sco0ter

eVOLVE wrote: »

The 28 days that Currys give to refund or exchange items is what the law would deem the period of acceptance. You have that long to check the goods and accept them as free from fault. From that point on, the goods have been accepted and you are merely covered by your manufacturer's warranty. .

Then Why was i knocked back for a refund on my IPOD because I had dared to open the box. How can you check if something is suitable if you cant open the thing and they stick a big security tag over the only english instructions/contents on the packaging. In my view the IPOD was faulty because I couldnt charge it.. The battery would run out and the so called CHARGER would not plug into any compatible outlet I would need to use.. This was bought on reccomendation from currys staff after telling them exactly what I needed


BTW still no reply from Currys CS on this issue...

eVOLVE_3

The trouble with your situation is that it's reasonable to assume that if you're going to put music on it from a computer then you'll have a computer accessible to charge it. Had they specifically told you it could be charged without a computer, then it would be a whole nother matter. It sucks, yes, but its a similar situation to DVD players being sold without a SCART lead. It's good customer service to let a customer know, but as I'm sure all of us are aware, Currys stores with good customer service certainly seem to be in the minority, and if you got home and found no SCART cable, took it back for a refund, rather than to buy a lead they'd give you the same response.

Still, didn't you say you'd got them to pricematch it with a charger and skin included, so all good after all?

Meatballs

IPOD: The box probably states that it has a USB charger. If the Currys assistant said otherwise then you have the right to a refund as it was missold. Otherwise you really dont because the information was available to you on the packaging.

Navman:

BATTERIES ARE CONSUMABLES. THEY DEGRADE OVER TIME. You can't compare them directly to other standard electricals (no matter the cost), but are more like tyres on a car.

In your case the batteries were probably half rotten when you bought them (and you have admitted you noticed the problem), but because you kept them for so long it is pretty easy to argue that you 'accepted' them in that condition.

From the Trading Standards Site:

1) A full refund.

This remedy is available when the goods have not been ‘accepted’.

bs7

eVOLVE wrote: »

Actually it is down to which manufacturer and what item as to the repair/return policy. There's a system called SARG (Service and Returns Guide) which documents the procedures for pre and post 28 days. I didn't mean the blanket procedures of the manufacturer. I meant the arrangement that the retailer has with the manufacturer, which is normally the same between retailers. This is because it is the manufacturer that decides how it is dealt with on negotiations with the retailer when they are deciding to stock a specific product. Sometimes this is to ensure that only the specific manufacturer's engineers look at their specific products.

Take washing machines... we had a big list of the manufacturers and the different call-out fees etcetc and hourly rate. If you're out of your warranty they're useful to know too.

As for being able to claim a lot after this just because it's an expensive piece of equipment... that's got nothing to do with it. You'd actually have to prove that the fault wasn't through fair wear and tear. Naturally if you've got your TV on all day and half the night it's more likely to break than someone that watches the bare minimum.

Again, it's not the customer's choice on whether the item is repaired or replaced after the goods have been accepted. You have no right to a refund after acceptance, but the only way out of it (which does work) is proving that you didn't accept the item, which is tricky. Yes it is down to the retailer to organise the repair/replacement, but it is not down to them to actually perform the repair, as they may have to use a manufacturer's engineer, and MUST follow the manufacturer's returns guidelines otherwise they will have to write off the item and not be refunded themselves.

I do not know your situation, so I can't comment on your experience with Currys/Dixons, but as an ex-employee, I do know how the various returns policies works.

That may well be the case, but crazy_guy was totally right when he effectively said your understanding of the law was wrong.

Regarding any set period of 'acceptance' of the product. The actual law is:

35. Acceptance

(1) The buyer is deemed to have accepted the goods subject to subsection (2) below—

(a) when he intimates to the seller that he has accepted them, or
(b) when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.

(2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a) of ascertaining whether they are in conformity with the contract, and

(b) in the case of a contract for sale by sample, of comparing the bulk with the sample.

(3) Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.

(4) The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.

So 21-28 days may in many cases be 'reasonable', however, that may not always be the case and discretion should always be advised. And given the advice Curry's give their employees and the obvious contempt with which they treat their customers, i can't imagine many courts being particularly lenient to Currys should anyone have to take it to court.

I think the one thing that abundantly clear is that Currys really don't care about customer service at all, nor do their practices sound like they have much respect for consumer protection laws.

sco0ter

eVOLVE wrote: »

The trouble with your situation is that it's reasonable to assume that if you're going to put music on it from a computer then you'll have a computer accessible to charge it. Had they specifically told you it could be charged without a computer, then it would be a whole nother matter. Still, didn't you say you'd got them to pricematch it with a charger and skin included, so all good after all?

But couldnt it also be assumed that I could get someone to put my 1000 songs on it and then listen to it and therefore not need a PC everyday?? I told my situation about the hospital stay and nothing was mentioned about it needing a computer to charge it.. Im pretty sure the nurses wouldnt like me plugging my IPOD in every second day. The fact is I was mis-sold the product.. Its like selling a car that runs on solar power after me telling him I was going to live in a cave for a few weeks.. As for the fact they pricematched this was only to get the items that I needed. the fact the price match was for that weekend only means If I had left it a day later then that would have been tough and I would have had to buy a charger. I am still lodging a complaint and this is why thier CS is taking so long to get back to me as I am waiting for thier reply to pass on.. It is still a breach of consumer rights and the fact I got the Items needed is not the point as others wouldnt.

Meatballs wrote: »

IPOD: The box probably states that it has a USB charger. If the Currys assistant said otherwise then you have the right to a refund as it was missold. Otherwise you really dont because the information was available to you on the packaging..

The Box probably does state about the USB charger but the problem is that its still covered by a big security sticker thats a !!!!!! to get off. Its still on there to show to Trading Standards when the time comes.

devild_2

What a lot of "experts" we have. If the op thinks they have a case for a refund, god forbid they should want a replacement as they have stated it is now essential for their new job, lol. Then they can go to Trading Standards or possibly Citizens Advice to see if they have a chance of taking the case to a small claims court. This will cost them although they could get expense returned if they win. If, as I suspect, they don't have a snowballs chance in hell, they will just have to keep this and try and Ebay it and hopefully be honest about the "fault" in the description.

Meatballs

sco0ter wrote: »

The Box probably does state about the USB charger but the problem is that its still covered by a big security sticker thats a !!!!!! to get off. Its still on there to show to Trading Standards when the time comes.

Fair enough! :T

angieb1606

please can i just ask the question as to what ipod ya brought

eVOLVE_3

bs7 wrote: »

That may well be the case, but crazy_guy was totally right when he effectively said your understanding of the law was wrong.

When I mentioned that it was only the manufacturer's guarantee that covered him, I was referring to the fact that 4 months is clearly well beyond a reasonable period of time so the sale of goods act wouldn't cover a refund/replacement of the item... basically you're just down to your manufacturer's 'warranty' period as to how the item would be dealt with.

Infact, as BS7 mentioned... not all shops would even give you 28 days before considering the goods accepted, although if something was for a gift, we'd always try and write it (and the birthday etc. date) on the receipt in case when it was opened it was faulty, and the goods hadn't been checked in time. Equally, most shops (ours included) will operate a similar thing around Christmas, whereby anything bought after November or so can be brought back up until mid January if there is anything wrong. This is to avoid any issues to do with defining a reasonable period of time to assess the goods.

bs7 wrote: »

I think the one thing that abundantly clear is that Currys really don't care about customer service at all, nor do their practices sound like they have much respect for consumer protection laws.

I will repeat myself in mentioning that if someone comes into the store and shouts at me for their product breaking as if it was my fault, then starts ranting conspiracy theory about the fact that their item has broken in a month and a half rather than within 28 days, you can understand my unwillingness to break standard procedure and bend the rules to try and help. It's not about caring about customer service, but caring about the customers, and the majority of stores will only care about customers if the customer gives them a reason to, rather than the way it should be, which is caring for them unless they have a reason not to. (I'm proud to say with minimal exception that was our store).