Wrong Item in The Box from Currys!

Hello,

I'm wondering if anybody has had this happen to them and if so what did Currys do about it?

Before Xmas I bought quite a few items for raffle prizes from Currys. Prior to the raffle the prizes were kept under lock and key with restricted access to the room. The raffle prize was won and given to the winner. As it was an item his child had asked for Xmas he wrapped it up immediately and placed it under the tree. On Xmas day his child opened the box up and commented that it wasn't the item displayed on the box and also it was used. It was covered in dust and scratched also there were no manuals or proper wrapping. He contacted me to ask where it had been bought as he was tKing it back. He went back to Cuurys who said that the contents of the box must have been exchanged after it had left the store as it definitely could not have been done before.

Seeing as I personnaly bought the item and placed it in the secure cupboard I know that there is no way anybody had access to the item therefore it must have been done before we bought it. The winner ended up having to buy a new one as his child was upset.

So it's my word against Currys! I spoke to Trading standards and they say that the law is if I want a refund then the Burden of proof is on me however if I want an exchange then the burden of proof ison Currys. They have to prove that what they sold me was what was on the box!

Anybody any help?
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Comments

  • Collabora
    Collabora Posts: 1,360 Forumite
    You should of checked it before locking it away
  • And what difference would that have made as I had taken it out of the shop anyway?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    You would have noticed that it wasn't a new item and could have exchanged it right away?
  • i would still be in the same situation in that it's my word against theirs that what they sold me was what was on the box.
  • Collabora
    Collabora Posts: 1,360 Forumite
    mazlester wrote: »
    i would still be in the same situation in that it's my word against theirs that what they sold me was what was on the box.

    you would have a better chance of changing it rather than leave it days/weeks before going back
  • Well I didn't as naively I thought with it being sealed that the contents would be exactly what was described on the box. Also the winner would not be able to exchange it if the seal was broken.
  • Collabora
    Collabora Posts: 1,360 Forumite
    mazlester wrote: »
    Well I didn't as naively I thought with it being sealed that the contents would be exactly what was described on the box. Also the winner would not be able to exchange it if the seal was broken.

    well unless you had a gift receipt which you gave to winner then they could not anyway as the contract would be between you and Currys
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    How did they manage to put a different and already used item in a sealed box? What sort of seal was it? Sticky alarm tag put on by the shop or cellophane put on by the manufacturer?

    What was the item?
  • DaveTheMus
    DaveTheMus Posts: 2,669 Forumite
    It seems the winner is also a chancer...
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • The winner was given the receipt to take to the shop.

    The item was supposed to be an XBox one and inside was an XBox 360. The seal was one of those sticky alarm tags.
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