Help with Currys not allowing exchange or return

mistermikej

Dear forum members,
This is my first post so I hope its in the correct area and not breaking any rules!
I looked at the advice for posting queries like this, so I am going to answer these questions as advised.

• What did you buy?

A new Bosch washing machine

• When did you buy it?

Wed 17th July

• Where from? (internet or in store - it DOES make a difference)

From currys by calling them to order as I wanted to ensure it could be delivered the next day and installed with old machine taken away

• How did you pay? (cash/cheque/debit card/credit card etc)

Visa Debit

• What went wrong? & What are the vendors telling you?

The new machine I ordered was much deeper than our existing Bosch machine, my fault for not checking, I hold my hands up to that fact. This was discovered at the point one of the installation guys was attempting after 3 goes to push the new machine into the slot against the wall. My wife called me as I was at work and told me, immediately I asked my wife to ask the guys if we could return this with them now. She asked them and they advised that it would not be possible and that we would need to call the returns line to arrange that.
One of the guys proceeded to finish connecting the new machine and did a mandatory factory advised test run. They asked my wife to sign to confirm that the machine was delivered and installed which she did.
Arriving home from work in the evening I called customer service to see if I could arrange to exchange it. I was advised that because the machine was used no return is possible.
Even after explaining what happened and my wife asked about returning before the installer did the test run the customer service advisor still refused. I asked if she would please check with the delivery team to verify the story, however she told me that she could not speak to anyone directly however the system or depot confirms there were no issues and that the machine was delivered and installed ok.
After going round in circles we asked to speak to the supervisor, I was told by the first lady that her manager would be repeating exactly what she told me, though I insisted on talking to the manager. I was on the phone to the manager for quite a long time and eventually he hung up on me. His point was that he would not allow the return or exchange because at no point did we say we wanted to return the new machine and nothing we told him corroborates. He even said my wife was on the phone the whole time of the installation, which was not true, also that she was feeding the baby too, which was not true.
I called back again and talked to a very reasonable guy who understood where I was coming from and I asked what the return policy was and told him that their website says we can return unwanted goods within 21 days with packaging but we could not do it in this case, and also that his manager has marked on the notes that we are not allowed to exchange or refund.
I asked to speak to this manager and he had gone home, which may explain why he hung up. I asked to speak to another manager and was told he was busy but would call me today. As yet no call.
After all this, last night I discovered and cleaned up a lot of water that was in the unit due to them not installing correctly and these units are slightly damaged now. This is a new kitchen too, though I doubt they will believe me.

• What solution or remedy are you looking for? (Companies may Repair / Refund / Replace

I originally wanted to exchange as I have never had a bad experience with Currys, though now I would like to just return it and get a refund. Would also like compensation for the damaged units and water soaked products that were in it which I doubt we will get!
I told them, I made a mistake and would even pay a redelivery charge for my error in not checking the dimensions but cannot believe they are being this unfair as we did not even use the machine.
Should I call them back now? I don’t know what to do, money is very tight as we have been doing up a new house but we need a new machine urgently to wash the baby’s clothes which is a priority.
Basically I do not know what rights we have, for sure I don’t want to mention this other issue with the water being everywhere but I feel I have to as this has added insult to injury.

Thanks
Mike

spacey2012

Policy is not worth the paper it is written on.
They can refuse as the machine is not faulty and the error in size was yours.
The plumbing issue is separate.

bris

Wed 17th July

• Where from? (internet or in store - it DOES make a difference)

It makes a huge difference, the difference between being able to return it or not. If you bought it online (at a distance) then DSR kicks in and you can return it, it may cost you a delivery charge but the right is there for you to do so.

I will assume you bought it instore, so you have no rights to return in this case, so no, you have no legal right to return.

McKneff

Could you possibly resite it.

shaun_from_Africa

Unless you went into the store to have a look at the machine before ordering it, it does sound like you have the legal right to insist on a return .

From currys by calling them to order as I wanted to ensure it could be delivered the next day and installed with old machine taken away

You ordered over the telephone therefore the Distance selling regulations should apply, allowing you to cancel the contract.
The OFT state that if you examined the item in store before ordering at a distance then it's unlikely that the right of return will exist.

pinkshoes

shaun_from_Africa wrote: »

Unless you went into the store to have a look at the machine before ordering it, it does sound like you have the legal right to insist on a return .



You ordered over the telephone therefore the Distance selling regulations should apply, allowing you to cancel the contract.
The OFT state that if you examined the item in store before ordering at a distance then it's unlikely that the right of return will exist.

I thought DSRs allowed you to reject after inspection? The return is being refused as the OP inspected it then went ahead with the installation then used it!

This means it can't be returned unless it's faulty.

The fact that it has leaked due to being incorrectly plumbed in is another issue that you need to take up with the store, but it does not qualify you for a refund.

paddedjohn

OP, are you sure there aren't any pipes stopping you pushing the machine all the way back? They are normally a generic size to avoid such problems like this unless its an oversized American washer or a twin tub.

shaun_from_Africa

pinkshoes wrote: »

I thought DSRs allowed you to reject after inspection? The return is being refused as the OP inspected it then went ahead with the installation then used it!

This means it can't be returned unless it's faulty.

There is nothing in the reg's that state an item that has been used can't be returned for a full refund, and in fact the right of return and refund is unconditional and can't be denied even if the machine has been plumbed in and used, even if this has resulted in damage to the appliance.
In this instance, a refund should still be issued and if Currys wish to pursue the OP for damages due to the loss of value then they have this right.

Personally, I wouldn't even consider returning anything that wasn't in the same condition as I received it in, but as this board is "Consumer rights", I thought it only fair to explain the rights that the OP may have with regards to the DSR's irrespective of how unfair those rights may be.

The regulations will be changing soon to do away with the unconditional refund, and the retailer will be rightfully entitled to withhold some of the payment to cover their losses, and IMO, this is fair enough as at the moment, the reg's favour the consumer too much.

cattie

Your previous machine was probably one that is termed a slimline or narrow depth, these are not as deep as standard washing machines & only a few manufactures do these slightly smaller machines.

I'm not sure you'll get anywhere regarding the water issue as unless the units are of a very cheap quality, there shouldn't really be any water damage in such a short space of time unless it was quite a bad leak. Your best course of action might be to try to make a claim under your contents/buildings insurance policy.

soolin

I have a new Bosch washing machine and it is several cms deeper than every other machine I've ever had. I researched it before I bought it though and all the reviews stated it was very deep, so I was prepared.

browneyedbazzi

Sorry to muddy the waters, but the DSRs don't apply to all contracts formed at a distance as many people seem to think.

DSRs apply where a contract is formed at a distance using an organised distance sale or service provision scheme - so the means of forming the contract has to be a usual means of carrying on business for the supplier. If the supplier only rarely takes orders by the method used (in this case over the phone) and hasn't set up a system for this type of order then the DSRs don't apply.

So before you can rely on cancellation rights under the DSRs you have to ask the questions - how often do curry's conclude contracts over the phone when customers call the shop? and what systems (if any) do they have in place to take orders over the phone?

The fact that they're refusing the return makes me think they've decided the DSRs don't apply to OPs order.