returning a washing machine

neilmcl

ThumbRemote wrote: »

Can you point to where in the consumer rights act this is stated?

Section 19, sub section 14 states that the assumption that goods did not conform to contract within the first 6 months does not apply to the short term right to reject.

There are plenty of legal sites available to explain this as well.

caledoniagurl

Thank you for everyone's help.
It just seems unfair that by plugging in an appliance which initially you can only judge by viewing the item online, invalidates a return. I wanted to exchange it for another model but I can't do that because it's been "installed"

JJ_Egan

Badly installed = noise .
Can it be moved / leveled .

shaun_from_Africa

caledoniagurl wrote: »

Thank you for everyone's help.
It just seems unfair that by plugging in an appliance which initially you can only judge by viewing the item online, invalidates a return. I wanted to exchange it for another model but I can't do that because it's been "installed"

It might invalidate a return for a change of mind (and even that isn't guaranteed to be the case), but plugging in and testing the appliance doesn't invalidate your right of rejection for faulty goods.
You should contact Currys again and make sure that you are rejecting it because of the noise and that in your opinion there is something wrong with it.
They should either accept the cancellation or arrange for an engineer to visit to check the machine out.

caledoniagurl

I will contact Currys again and arrange for an engineer to come out.

shaun_from_Africa

I wouldn't suggest that an engineers comes out, let them make that decision.
If you state that it's faulty and that you wish to reject it as is your right under the Consumer contract regulations, you might get a customer service person who accepts this and simply arranges for the machine to be collected.


This is what happened to me a couple of months ago when I had a faulty tumble drier delivered. I called them to explain the problem (door didn't fit properly) and it was collected a few days later.

MoneySavingNovice

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neilmcl wrote: »

Section 19, sub section 14 states that the assumption that goods did not conform to contract within the first 6 months does not apply to the short term right to reject.......

I'm confused by your comment here, not saying your wrong but I would like more information, hence can you expand?

If you look at the guidance notes provided at http://www.legislation.gov.uk/ukpga/2015/15/notes point 97 about section 19 states:-

Subsections (14) and (15) provide that, if a breach of the statutory rights – for example a fault - arises in the first 6 months from delivery, it is presumed to have been present at the time of delivery unless the trader proves otherwise or this presumption is incompatible with the nature of the goods or the particular breach or fault. This applies where the consumer exercises their right to a repair or replacement or their right to a price reduction or the final right to reject.....

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[FONT=&quot]Which as I'm reading it puts the burden of proof onto the supplier to prove that item was not intrinsically faulty within the first six months.[/FONT]
[FONT=&quot]
As you sate the guidance then goes on to say

This does not apply where the consumer exercises the short-term right to reject.....

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[/FONT] [FONT=&quot]This then refers to section 22, which gives the consumer 30 days to reject the item after suitable inspection....which in my view using the washing machine once could be consider reasonable as the fault is not evident prior to its use.[/FONT]

[FONT=&quot]Hence in my view the OP can reject the machine under the terms of Section 22.[/FONT]

[FONT=&quot]In addition Section 19 and 20 of the act which provides a detailed explanation of various reasons which the buyer can reject the goods.....which I won't quote here as it too long, but basically includes reference to ‘Goods to be as described in section 11’ and ‘Goods to match a sample (section 13)’, plus others.[/FONT]

[FONT=&quot]Hance in my view the OP has the right to reject the goods as not being as described, in Section 22, or could reject the good under the terms of Section 19 if it is the case that an initial use of the machine is unreasonable.[/FONT]

[FONT=&quot]Thoughts?[/FONT]

neilmcl

caledoniagurl wrote: »

Thank you for everyone's help.
It just seems unfair that by plugging in an appliance which initially you can only judge by viewing the item online, invalidates a return. I wanted to exchange it for another model but I can't do that because it's been "installed"

Nobody has said this. read my first reply (post #4).

neilmcl

MoneySavingNovice wrote: »

Thoughts?

I've not said the OP can't exercise their short-term right to reject, only if called on to do so the onus would be on them, not the retailer, to prove the fault is inherent to manufacture.

wealdroam

RainbowBlue wrote: »

Ignore the ones on here that know everything.

Is that really a good idea?
Surely those with knowledge should be listened to?

Did you mean to say "ignore posters that disagree with me"?

Please can you explain why you think your opinion is more significant than anyone else's?