Currys.co.uk not abiding by Distance Selling Regulations

AJ_UK

SN is on the back of the box

notken

frugal_mike wrote: »

Ask them to quote the section that says this. They might just completely lack any knowledge of what the Distance Selling Regulations say and think that no items can be returned if used, or they might think that the section saying unsealed software cannot be returned applies to tablets too.

I've pretty much been given the brush-off now, and no attempt is being made to address my points. My last message did specifically ask that instead of just quoting company policy, they instead quote the DSRs that support their position, or let me know why they don't think the DSRs apply. The last response from them was just stating that the DSRs say the item can't be used, but it has been them paraphrasing it, rather than quoting it.

I don't think I'm going to get any more joy from Currys customer service, so just have to hope that my credit card company or Trading Standards agree with me.

notken

AJ_UK wrote: »

SN is on the back of the box

Aha! Well I've actually resealed it back into the delivery box too! I'm not sure what it would achieve for me to know that, though. There's no benefit to me, and who knows how that action might be twisted if I end up having to go to the small claims court over it.

Appreciate the idea though.

frugal_mike

If Currys are claiming that no used items can be returned then it should just be a case if you showing that you complied with the DSR's and sent a cancellation message by durable means. Neither the Credit Card Company nor the Small Claims Court should have any argument with that.

notken

I agree completely. My initial contact was using an online Web form, but I have had an email back acknowledging receipt of it, and confirming they received it on the day I filled it in (Day 1 of my 7 working days).

I'm especially annoyed that the tactic seems to be to fob me off continuously to see if I'll give up (or because it doesn't reflect well on CS if they approve the refund). I have almost no doubt I'll get my money back, but I am keen to get their knuckles rapped over it, and to see if I can find someone who will force them to update their terms.

It seems a crazy tactic to me, though. I bought it heavily discounted, so even if they can't sell it as new, I'm convinced they could re-sell it refurbished at or very near the same price. If I get the charge back approved it is then up to them to recover the iPad from me in a timely manner.

At first I assumed it was a misunderstanding, but I've quoted the very bit of the DSRs that allow me to try something at home on each occasion, and they just won't accept it.

frugal_mike

notken wrote: »

If I get the charge back approved it is then up to them to recover the iPad from me in a timely manner.

Specifically they have 20 days to collect it from the day you cancelled.

neilmcl

frugal_mike wrote: »

Ask them to quote the section that says this. They might just completely lack any knowledge of what the Distance Selling Regulations say and think that no items can be returned if used, or they might think that the section saying unsealed software cannot be returned applies to tablets too.

Agree. I'd be tempted to reply with a link to the full legislation asking them to point out exactly where this is stated just to see what their response would be.

londonTiger

what an load of old tosh, every minion on this board is getting hot and bothered about currys not adhering to the 7 day DSR guideline.

Kind of missing the forest for the trees. OP opened the package, USED the iPad and now is having second thought. Currys lose £50-£100 off of that iPad if they take it back and have to sell it on as a refurb, dont forget theres just a £20 margin here for them to begin with.

Cant find the official DSR page, but this which.co.uk article should be sound. http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

The goods you can't return



CDs, DVDs or software if you've broken the seal on the wrapping

could be argued that the tablet is hardware and SOFTWARE.

DSR was intended to protect consumers from damaged goods and goods not as described. it gives consumers any reason what so ever to return the product as protection (which prevents sellers pushing their luck and going backwards and forwards and wasting time to avoid taking goods back). It is not an excuse to try peoples product and then return it if you dont like it.

If you want to trial an iPad, borrow one, or got to an apple store and play with one for 2 hours

Energize

The sale was done completely online, the method of delivery is irrelevant, collection from shop or delivery to customer makes no difference, the purpose of the DSA is to allow inspection before purchase, thus the DSA applies and the op should probably go to the county court.

frugal_mike

londonTiger wrote: »

what an load of old tosh, every minion on this board is getting hot and bothered about currys not adhering to the 7 day DSR guideline.

Erm, its not a guideline. It's a law. It's not something companies are politely suggested to follow.