fridge from currys store

wealdroam

joshreade wrote: »

Silly comment? Superhan and coolhotcold both seem to have knowledge of the ordering system that only an employee or very recent employee would know

But you said all.

i am also 'sticking up' for the company because there is clearly no fraud here.

Your mother wanted to buy a fridge. She paid for it. Where's the fraud?

joshreade

wealdroam wrote: »

But you said all.

i am also 'sticking up' for the company because there is clearly no fraud here.

Your mother wanted to buy a fridge. She paid for it. Where's the fraud?

Sorry that I used one word out of place.

I have clearly stated multiple time where I think the fraud lies, but have yet to receive a response directly addressing this.

So again I will repeat:
- Mums credit card information including CV2 code input into the website by the employee. If you were paying for your shopping in Tesco's and the cashier started typing your card numbers into the system you would be concerned too right?

- My mum did not agree to or was not presented with the terms and conditions of an online purchase. As far as she was concerned she would be agreeing to the terms and conditions of a face to face sale.

Maybe fraud is not the right word, but it defiantly seems unethical and I'm not entirely sure its legal.

Had the member of staff explained what was happening or even asked permission to process the order on the website it would not have been such an issue, instead it seemed to be done covertly.

Now if someone addresses these points directly and proves that I am wrong I will apologise and step down.

Your only input so far seems to be arguing with me for no apparent reason, I am here to find answers and
"Your mother wanted to buy a fridge. She paid for it. Where's the fraud?" doesn't really satisfy that.

All that aside, my mum is now without a fridge for what I can only assume will be a week by the time the refund has been processed and the new fridge is delivered.

As Esqui stated, an exchange could have been completed in store and the new fridge could have been ordered, meaning it would be here tomorrow. However my mum was told this was not possible by the manager.

wealdroam

Your mother made a purchase in store.
There is no doubt about that.
It was, as you say, "a face to face sale".

She did not make a distant purchase, therefore there was no need for any T&C documentation to be supplied.

I do agree that the use of CV2 info for an in store purchase does seem a bit suspect, but it really doesn't amount to fraud.

Since I have never worked for Dixons Carphone or their predecessors, I cannot comment on the logistics of their returns processes.

joshreade

wealdroam wrote: »

Your mother made a purchase in store.
There is no doubt about that.
It was, as you say, "a face to face sale".

She did not make a distant purchase, therefore there was no need for any T&C documentation to be supplied.

I do agree that the use of CV2 info for an in store purchase does seem a bit suspect, but it really doesn't amount to fraud.

Since I have never worked for Dixons Carphone or their predecessors, I cannot comment on the logistics of their returns processes.

Thanks for your more civil reply. As I stated before I am here to get answers not argue with people.

However I do have to disagree with the face to face sale. Although it appeared to be a face to face sale, the order was placed on the customer website just as if my mum had made the purchase from home, surely that makes it a distance sale? I imagine at some point during the checkout process the sales advisor would have ticked the box saying "I agree to the T&Cs blah blah" and those T&Cs would have been regarding distance selling as opposed to face to face sales. Maybe one of the potential Currys employees could confirm if this is the case?

If it was a true face to face sale my mum would have received a store receipt from the stores POS system, meaning the refund could also be processed on said POS system

wealdroam

joshreade wrote: »

Thanks for your more civil reply. As I stated before I am here to get answers not argue with people.

However I do have to disagree with the face to face sale. Although it appeared to be a face to face sale, the order was placed on the customer website just as if my mum had made the purchase from home, surely that makes it a distance sale? I imagine at some point during the checkout process the sales advisor would have ticked the box saying "I agree to the T&Cs blah blah" and those T&Cs would have been regarding distance selling as opposed to face to face sales. Maybe one of the potential Currys employees could confirm if this is the case?

If it was a true face to face sale my mum would have received a store receipt from the stores POS system, meaning the refund could also be processed on said POS system

It was a sale made on the business premises of the seller.

There is a definition of "distance sale" in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Regulation 5 tells us:

“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

Both trader and consumer were present, therefore it was not a distant sale.

joshreade

wealdroam wrote: »

It was a sale made on the business premises of the seller.

There is a definition of "distance sale" in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Regulation 5 tells us:

Both trader and consumer were present, therefore it was not a distant sale.

Ok that is fair enough, do you not agree though that in that case my mum should be able to follow the same refund procedure as if it was a regular sale, i.e. she should have been given the opportunity for a straight forward exchange rather than being out of pocket for a few days and then having to place the order all over again?

LABMAN

As it was only the other day your Mum ordered the fridge and she paid it by credit card she's not really out of pocket yet I'd imagine?

joshreade

LABMAN wrote: »

As it was only the other day your Mum ordered the fridge and she paid it by credit card she's not really out of pocket yet I'd imagine?

Not out of pocket, just without a fridge. She can't afford to order a new one until we know for sure the money has been returned for the old one. And with no actual refund receipt we have to have faith in them actually processing it correctly when the fridge gets back to the depot

wealdroam

joshreade wrote: »

Ok that is fair enough, do you not agree though that in that case my mum should be able to follow the same refund procedure as if it was a regular sale, i.e. she should have been given the opportunity for a straight forward exchange rather than being out of pocket for a few days and then having to place the order all over again?

In strict Sale of Goods Act terms, your mother has rejected the first fridge. Having done this, the seller should make a full refund.

Clearly, it makes sense to both you and I, and probably your mother, that a straightforward solution would be to take back the faulty fridge and simply replace it with another one. The logics of Currys' administration systems doesn't seem to be too straightforward, but that really isn't something to get too excited about.

If that's the way Currys want to handle it, then I would be ordering the new fridge now, on the same credit card.
If things go wrong, such that the refund doesn't materialise in a timely manner, then that is the time to insist that Currys put things right and cover any extra costs incurred, e.g. credit card charges.

LABMAN

joshreade wrote: »

Ok that is fair enough, do you not agree though that in that case my mum should be able to follow the same refund procedure as if it was a regular sale, i.e. she should have been given the opportunity for a straight forward exchange rather than being out of pocket for a few days and then having to place the order all over again?

joshreade wrote: »

Not out of pocket, just without a fridge. She can't afford to order a new one until we know for sure the money has been returned for the old one. And with no actual refund receipt we have to have faith in them actually processing it correctly when the fridge gets back to the depot

Sorry, I was only going by what you posted earlier.