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Purchased tumble drier, deduced 45% fee to return

cts_casemod
cts_casemod Posts: 272 Forumite
Tenth Anniversary 100 Posts Combo Breaker
edited 15 July 2014 at 3:29PM in Consumer rights
Hi everyone.

This weekend I purchased a £400 tumble drier, what I think its whirlpool high end model (heat pump).

Upon delivery the courier got rid of the box, because it wouldn’t fit the front door and they took the appliance upstairs. I was told since this item has a compressor inside it would have to settle for a few hours for the oil to drain, similar to a fridge.

A few hours later I plugged the appliance in and I realized it is way more noisier than the old one. This is an issue as we live in a 1bed flat and the appliance stays in the room we sleep.

I called the company and they said that since the item was plugged (not used, simply plugged in to a power socket) I would not be able to return it, or if I did a 45% fee will be deduced from the original purchase price. I ask myself: Given the above description, can they legally do this? Am I not, in my right as a consumer, able to plug the appliance in order to verify that it fits the purpose?

Many Thanks
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Comments

  • gik
    gik Posts: 1,130 Forumite
    It's fit for purpose as it works as designed.
  • cts_casemod
    cts_casemod Posts: 272 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    gik wrote: »
    It's fit for purpose as it works as designed.

    My point is: I would not buy a car without being able to road test it, to make sure it meets my expectations for the particular model in question, even tough the manufacturer gives me a guarantee that it will go from point a to point b.

    So does they law say I don’t have the same rights when buying a home appliance?
  • ljonski
    ljonski Posts: 3,337 Forumite
    edited 15 July 2014 at 4:08PM
    Not many t. driers are designed so that you can sleep with them! You should have done some research as to its noise. People living near Heathrow soon forget about the noise.
    "if the state cannot find within itself a place for those who peacefully refuse to worship at its temples, then it’s the state that’s become extreme".Revd Dr Giles Fraser on Radio 4 2017
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    Prior to last month you would have been able to return the items under the Distance Selling Regulations and only been liable for the cost of returning the goods.

    This has now been superseded by the Consumer Contracts Regulations. I am not that familiar with all the ins and outs, but I believe they can make a deduction for the diminished value (i.e. they can no longer sell it as new).

    I am slightly confused in that you say you have not used it, but it is louder than you thought. Surely you HAVE used it to know how loud it is?
  • lincroft1710
    lincroft1710 Posts: 19,383 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 15 July 2014 at 4:12PM
    With a new car you rarely test the actual vehicle you're going to buy, you test a demonstrator. With a secondhand car it doesn't matter if you don't buy it as a few extra miles on the clock won't reduce its value.

    The days of buying electrical goods "on approval" (usually TVs) are long gone.

    Tumble dryers are far from quiet when in operation.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    My point is: I would not buy a car without being able to road test it, to make sure it meets my expectations for the particular model in question, even tough the manufacturer gives me a guarantee that it will go from point a to point b.

    So does they law say I don’t have the same rights when buying a home appliance?

    If the noise level of the machine was a primary concern when selecting the dryer why didn't you ask the seller to switch on the showroom model so that you could determine whether it met your expectations before you purchased it?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    45% seems a very hefty mark-down though. I think the supplier is playing a bit fast-and-loose with the new regulations.
  • gik
    gik Posts: 1,130 Forumite
    OlliesDad wrote: »
    Prior to last month you would have been able to return the items under the Distance Selling Regulations and only been liable for the cost of returning the goods.

    This has now been superseded by the Consumer Contracts Regulations. I am not that familiar with all the ins and outs, but I believe they can make a deduction for the diminished value (i.e. they can no longer sell it as new).

    I am slightly confused in that you say you have not used it, but it is louder than you thought. Surely you HAVE used it to know how loud it is?



    Was it bought 'at a distance'?
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    gik wrote: »
    Was it bought 'at a distance'?

    Fair point.. Can you advise OP?
  • gik
    gik Posts: 1,130 Forumite
    bod1467 wrote: »
    45% seems a very hefty mark-down though. I think the supplier is playing a bit fast-and-loose with the new regulations.



    10% for delivering, 10% for collecting and 25% for selling it on as second hand
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