Currys.co.uk not abiding by Distance Selling Regulations

notken

Hi there. Just before Christmas I bought an iPad on the currys Website, paid for it online, and collected from a local store the next day. As such the Distance Selling Regulations apply (something Currys does agree with).

I tried the tablet out that evening, and didn't like it at all. I performed a factory reset, packed it back up, and contacted Currys through their online Web form to say I wanted to return the item under the DSRs.

I didn't hear from them for four days, so went back to the store I picked it up from, as the dispatch note said I could also return the item there. They refused to accept it because it had been opened and used. I pointed out that the DSRs allow me to do that, but they said Currys' Terms state that they won't accept returns of opened goods. I *also* pointed out that any terms that are in opposition to the DSRs aren't valid, but they wouldn't budge.

While instore I rang Currys Customer Service, and had much the same conversation. They continued to quote their Terms, while I quoted the very DSRs I was relying on. Once again they wouldn't budge, even after talking to a supervisor, and suggested I emailed them.

Incidentally, around the same time I also finally got a reply from my initial Web query, stating their same terms and that they don't accept returns of opened goods.

I emailed on Boxing Day, and once again quoted the DSRs in support of my case:

Specifically 3.58 of the DSRs state, “The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods."

Also:

Furthermore you cannot impose your own terms, as explained in 3.64 of the DSRs: "The DSRs contain provisions aimed at ensuring that businesses do not use contractual terms that deny consumers their rights under the DSRs or impose obligations on consumers that are inconsistent with them."

Once again the reply I received this morning stated that they will not accept the return. I've advised them to pass the query up the chain of command. Today I contacted my credit card company to begin the process of issuing a chargeback.

I'm wondering if anyone else has opinions on the situation, my interpretation of the DSRs (which seem pretty unambiguous to me!), and a good next step. My feeling is that while waiting for the credit card company to send through the chargeback form and act on it, I should be contacting the OFT and local Trading Standards. To me Currys (and presumably PC World and Dixons) appear to be violating the DSRs as a matter of company policy, since a total of four staff and two supervisors have stated they do not accept the return of opened goods.

Anyone else had a similar issue with this group of companies?

Jakg

This is really odd as internally they have very clear guidelines on how these sales are managed by the DSR's and how what this allows consumers to do.

I'm surprised you've had this issue.

Did you "Pay and Collect", paying online and having the goods delivered to the store rather than you, or did you "Reserve and Collect", reserving items from store stock and then paying in store?

Did you receive an ordinary till receipt, or an A4 sized one with a returns policy on the back?

If you purchased in-store (even you originally reserved online) the DSR's don't apply.

notken

Hi Jakg. Thanks for looking for clarification, but as stated right at the start, I bought and paid online and just collected instore. I have an A4 dispatch note as a receipt, not an instore receipt, and the DSRs do apply.

Yeah, I'm still amazed at how intransigent the company has been. Each time I've queried it I keep expecting someone to see sense and realise that my situation falls under the DSRs and as such I'm well within my rights to cancel the original sale.

vikingaero

This is the legendary Currys/PCWorld/DSG customer service and why I rarely buy from them.

I suspect the staff, both instore and online, are pressured to discourage returns from the Richard Heads higher up.

If it were Amazon you could have printed a returns label and had a no quibble refund.

notken

Yep, lesson learnt. I certainly won't deal with them again. I've remained very calm throughout, but very insistent. Really amazed by the attitude I've received instore, by email and over the phone.

Jakg

notken wrote: »

Hi Jakg. Thanks for looking for clarification, but as stated right at the start, I bought and paid online and just collected instore. I have an A4 dispatch note as a receipt, not an instore receipt, and the DSRs do apply.

Yeah, I'm still amazed at how intransigent the company has been. Each time I've queried it I keep expecting someone to see sense and realise that my situation falls under the DSRs and as such I'm well within my rights to cancel the original sale.

If you do want them to "see sense" then ask them to check their intranet sites for the distance selling regulations - theres a very clear series of pages that explain what customers are and aren't allowed to do (although it's not 100% accurate wrt to the company HAVING to refund within 30 days even if the goods aren't returned, it's pretty good and definitely contradicts what your experiencing).

I thought the A4 receipt had the returns info on the back though?

SuperHan

Playing devils advocate, the DSR apply when a contract is concluded with a 'telecommunications operator'.

Is there an argument that the contract is concluded when you get your iPad (as you could definitely argue it isn't concluded before that, or you wouldn't be happy they had your money and you had no ipad?), and so is concluded in store, so no DSR?

halibut2209

That argument has been made several times in recent threads. Personally I feel that the contract is concluded when you collect the item and therefore DSRs do not apply. But I am generally over-ruled

bod1467

My understanding is the same as already outlined earlier in this thread ... if you ORDER and PAY online, then collect in-store DSRs apply; if you merely RESERVE and COLLECT, hence PAY in-store then DSRs do not apply.

Fosterdog

When I've asked about this policy I was told that you can only return items to a store if they are faulty or unopened but you can return them to the web team if they are opened. They also don't take reconditioned items back into store.

I was told that this is because the stores are then left with opened/used/reconditioned stock that they can't sell but they can go back for sale on the website with a discount

McKneff

Just curious, but why didn't you have it delivered, it would have saved all this hassle.


Bet you wish you had now.....