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not allowed to return?

135

Comments

  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    themull1 wrote: »
    If its a choice between paying over a grand for something im not happy with or taking it back damaged, yes i will go with the damaged. If its noisy, it should have said on the information about the fan at the time.

    I suspect you may see this differently if you sold an item worth £1k and had a moron buyer defraud you!

    How do you propose op explains such damage to them having already tried to return it based on the fact it's too noisy for her liking? What you propose would more than likely see her paying £1k and having an item now in need of repair.

    Even had op not complained about the noise, to suggest something like this is absurd and very selfish. And criminal in fact!
  • I wouldn't say I know it all.

    However this site is about saving money and helping users fight for their rights.

    However a little bit of common sense goes far. If the 70 year old OP understands what !!!!!! stands for then the OP must know how to do a basic search for product reviews on multiple sites, possibly even a Youtube video review.

    Seriously anyone who spends that much on anything without fully researching their actual rights is a bit of a numpty.

    :money:

    I've got admit I'm tending to think this as well. That sort of money for a fan is a lot of money, I would have researched it a lot more. I did decide to buy a fan for the hot weather but spent £25 in Argos (£10 off with Nectar points to make it £15).

    The op's only other option is trying to sell it but I can see that being a bit of a job.

    Also op why not just get a credit card if you want to pay it off over time and save a lot more money than the APR Littlewoods want.
  • Littlewoods
    Littlewoods Posts: 160 Organisation Representative
    Hi Sarah1942,

    Firstly, please accept my apologies that this item doesn't suit your needs.

    Having read your post and comments on here I am assuming the fan you have bought is this one as its the only Dyson fan I can find only our website in the price range you have mentioned:

    http://www.littlewoods.com/dyson-am05-hot-and-cool-2kw-fan-heater---blue/1274270359.prd?browseToken=%2fq%2ffan%2fr%2f48

    I must point out & as others have advised, I recommend you don't damage this item purposely as anything returned as faulty is inspected thoroughly and will be returned back to you with additional charges if found to be tampered with. Please note I am not assuming you'd purposely damage this fan - I just need to point this out.

    If you have had this fan since 18th July DSR's will not apply as we would have needed to be informed within 7 days of delivery that you wish to reject this item.

    You have mentioned this item will cost over £1000. As you are probably aware, anything ordered on BNPL (as you have said this fan is on BNPL) will not be charged with any interest whatsoever if you pay the full price for the item before the BNPL period is due to be charged. For example, if the fan isn't due to be charged till July next year, if you pay the £471 in full (assuming this is the price of the fan) before July 2014 you will only pay this amount.

    In regards to returning the fan, as others have also advised, this fan is non returnable under our Approval Guarantee, once installed or connected. Unfortunately we are unable to overrule these terms however; if you wish to dispute the decision to return it you can write into our customer excellence team to see if there is anything they can do to help. Their address is;

    Littlewoods Customer Excellence
    Sandringham House
    Sandringham Avenue
    Chelmsford
    CM92 1LJ

    Hope this information helps

    Chris

    Littlewoods Representative
    Official Company Representative
    I am the official company representative of Littlewoods MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Toxteth_OGrady
    Toxteth_OGrady Posts: 3,958 Forumite
    1,000 Posts Combo Breaker
    DSR's will not apply as we would have needed to be informed within 7 days of delivery that you wish to reject this item.

    Notwithstanding the situation that DSRs no longer apply in this case, one would hope that company representatives would be able to state customers' statutory rights correctly.
    the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.
    604!
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Dear Littlewoods Company Representative,

    Can you please explain why this fan is non returnable under your Approval Guarantee, once installed or connected?

    I fully understand that Littlewoods can make such exclusions, but I am just trying to understand the rationale behind this particular exclusion.

    I also understand that you have no obligation to explain any rationale involved, but it would be nice to know. :D
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    I'd imagine the same reason it usually applies to Christmas decorations etc? People would use and return it.

    In the case of a fan.....when the 2 week heat wave is over.
  • I was told by the customer services rep who took my order for this fan that I COULD return it within the 28 days if I wasn't satisfied with its performance. This morning I spoke to littlewoods about the return of this item and stated what I had been told. I was subsequently told that this conversation would be listened to and if the person who took my order had indeed informed me incorrectly then I could return the item. I asked if I too could listen to/have a copy of this telephone conversation but was told I couldn't. Today someone mentioned that I could. So that has to be sorted out. I was informed by littlewoods this morning that someone from would be ringing me today about this recording. As yet, in spite of being home all day, no one from Littlewoods has phoned. Which doesn't surprise me.

    I wasn't given a 7 day cooling off period where I could return the goods. I'd never heard of it until now.

    The fan is not fit for purpose and so I'm cancelling this order in accordance with the distance selling regulations 2000. (At least that is what I'm trying to do).

    I deliberately asked the sales adviser if I could return the item if it was unsuitable due to the reviews that stated it was too noisy. I wanted to be sure I was able to do that in case I too had the same problem and I was told I could. I hope this spoken evidence can be listened to sooner rather than later.

    Finally there was absolutely no need for a warning of what could happen if I damaged the item. If you'd bothered to actually read my reply on here I stated that no way would I resort to this. Others may have indicated they would. I stated I had no intention of pulling wires out or anything else for that matter. End of story. So it was quite unnecessary of you to bring that to my attention!!

    Whether I'll be able to successfully return this item I don't as yet know. But if what I was told this morning about that tape recording being good evidence then I hope the matter can be settled once and for all.
  • jacques_chirac
    jacques_chirac Posts: 2,825 Forumite
    sarah1942 wrote: »
    I wasn't given a 7 day cooling off period where I could return the goods. I'd never heard of it until now.

    The fan is not fit for purpose and so I'm cancelling this order in accordance with the distance selling regulations 2000. (At least that is what I'm trying to do).

    The cooling off period is explained in the terms and conditions. Although apparently you were told you had 28 days to return it (which you have not mentioned until now), so you were actually given longer?

    You are out of time to cancel under the DSRs. Fitness for purpose is covered by the Sale of Goods Act, not the DSRs. Are you suggesting the fan is faulty, or is just too noisy for you? Did you state that you wanted a quiet fan when ordering?
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    I actually thought that was a well written response, they were just saying what happens upon return. I think due to some posts in here, where people WERE suggesting it. They'd do themselves a disservice to not highlight what a bad idea it is, these threads are google cached.

    Also the it's not fit for purpose route, it think you'll end up on a hiding to nothing. If it works as a fan and as intended, then it is fit or purpose.

    So you'll have to hope this phonecall bares fruit.
  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
    The cooling off period is explained in the terms and conditions. Although apparently you were told you had 28 days to return it (which you have not mentioned until now), so you were actually given longer?

    You are out of time to cancel under the DSRs. Fitness for purpose is covered by the Sale of Goods Act, not the DSRs. Are you suggesting the fan is faulty, or is just too noisy for you? Did you state that you wanted a quiet fan when ordering?

    I believe the terms and conditions are irrelevant, the information needs to be delivered to the consumer by durable medium, such as an email or as part of the actual delivery. How a consumer would prove they never received this I have no idea.
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