Currys.co.uk not abiding by Distance Selling Regulations

unholyangel

bru88 wrote: »

I suppose they take it that displaying terms and conditions & returns policies on their website IS a durable medium that is accessible to the consumer.

It is well known that websites are not durable and do not meet the requirements for a durable medium.

bru88

Re above two replies about "durable": fair enough.

It prompted me to look through my emails. I found the first email from Currys sent after I ordered a laptop from them online. It was a "confirmation of order" and contained an attachment called "provisions", in which they provide the info as per DSR. This IS a durable medium. And it is provided before the conclusion of the contract or in anycase during the performance of the contract, as per DSRegs.

As far as I can make out they do not however state in it who is liable for return costs:
"Refund: We will then give you a full refund for the cost of the product plus any delivery charge paid. However, we do have the right to retain any charge paid for services which have already begun or have been completed."

Whether "any services" can include the cost of engaging a courier to collect it, I don't know.

notken

Currys do state that returns can be made to a store, which is one of the reasons I decided to purchase from Currys in the first place. I'd say that it forms part of the contract, so if once this sorry saga comes to an end Currys insist on me posting it at my own expense I would remind them that they said I could return in-store.

Remember, though, that returning it is not a condition of a refund. After this debacle I won't be returning the iPad until I've received the refund.

bod1467

And they (probably) won't refund until you return the item - Catch 22.

Yes, I know they LEGALLY have to refund irrespective of return (per DSRs), but I'm not aware of ANY company who would do so (for high value items). In which case you'd have to chase them through the courts (or Section 75 if a credit card was used) for the refund. Or take the sensible, pragmatic approach and just return the damn thing.

notken

Yeah, I know what you're saying, but they've already said no, so the only way I'm going to get a refund is through Section 75, a chargeback or through pressure from Trading Standards.

I'm not saying the money has to be in my hands, but if my card company says the refund has been made I don't mind making the effort. If Currys send a courier to collect it and I get a receipt that'll do.

This has actually turned into a battle, you know!

Hintza

notken wrote: »

This has actually turned into a battle, you know!

Well I wish you would hurry up and take them to the high court so that we can get some precedent set one way or the other.

notken

Hintza wrote: »

Well I wish you would hurry up and take them to the high court so that we can get some precedent set one way or the other.

I'm probably not going to go quite that far. I really want Trading Standards to pursue it, though, because I would like to see Currys change its terms. But I suspect I'll get my refund rather less dramatically, and I'll end up putting it behind me.

notken

Amazing reply just received from Currys. Amazing in its complete disregard of my points, its cutting and pasting, and then the most incredible bit of off-piste commentary from the representative. (This is in response to my request that they quote from the DSRs in support of the site terms.)

As regard to your email, Our website states,

In accordance with distance selling regulations, unwanted products bought online can be returned open within 7 working days from the day after delivery. However, they must include all original packaging, be in as new condition and not used.

Of course the buyer is allowed to check over the product, by the phrase (not used) meaning extensive use to the point of the product not being fit for resale,

I think he's saying that it can be tried out, which is of course exactly what I did

wealdroam

notken wrote: »

Amazing reply just received from Currys. Amazing in its complete disregard of my points, its cutting and pasting, and then the most incredible bit of off-piste commentary from the representative. (This is in response to my request that they quote from the DSRs in support of the site terms.)



I think he's saying that it can be tried out, which is of course exactly what I did

I particularly like the last part of the final sentence you quote:

by the phrase (not used) meaning extensive use to the point of the product not being fit for resale

Of course you already know that the OFT's guide says:

How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point...
... The DSRs do not link cancellation rights with a supplier’s ability to resell items as new.

notken

Five days later, an email reply from Currys:

It is stated in our terms & conditions that you can not return used products. When you made the purchase you agreed to our terms & conditions. I am sorry but we are unable to assist you further with this issue.

I don't know why I keep expecting someone at Currys to sit up and take notice rather than continue to trot out these kinds of lines.