returning a washing machine

ThumbRemote

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.

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

Section 19, quoting sub section 3 first, says:

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—
(a)the short-term right to reject (sections 20 and 22);
(b)the right to repair or replacement (section 23); and
(c)the right to a price reduction or the final right to reject (sections 20 and 24).

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

I can't find the exclusion you're referirng to in that - it seems to say the exact opposite.

wealdroam

ThumbRemote wrote: »

Section 19, quoting sub section 3 first, says:

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—
(a)the short-term right to reject (sections 20 and 22);
(b)the right to repair or replacement (section 23); and
(c)the right to a price reduction or the final right to reject (sections 20 and 24).

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

I can't find the exclusion you're referirng to in that - it seems to say the exact opposite.

Subsection (14) does not mention subsection (3)(a).
In other words, subsection (14) does not apply when the consumer is exercising their short-term right to reject.

This perhaps better explained in the explanatory notes.
Note 97 on this webpage includes the words "This does not apply where the consumer exercises the short-term right to reject". where 'this' is the presumption that any fault is inherent if it appears in the first six months.

susancs

caledoniagurl wrote: »

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

OP, did Currys install the washing machine for you? The reason I ask this is just in case it not fault with with machine, but an installation fault such as machine not levelled correctly by another installer, in which case they may charge you for the engineers visit. If Curries have installed and not done it properly, then they should rectify the issue free of charge.

neilmcl

wealdroam wrote: »

Subsection (14) does not mention subsection (3)(a).
In other words, subsection (14) does not apply when the consumer is exercising their short-term right to reject.

This perhaps better explained in the explanatory notes.
Note 97 on this webpage includes the words "This does not apply where the consumer exercises the short-term right to reject". where 'this' is the presumption that any fault is inherent if it appears in the first six months.

Exactly this. Highlighted for good measure

Perhaps we might get a thanks from ThumbRemote now, I doubt it though.

caledoniagurl

Currys did not install it

ThumbRemote

wealdroam wrote: »

Subsection (14) does not mention subsection (3)(a).
In other words, subsection (14) does not apply when the consumer is exercising their short-term right to reject.

This perhaps better explained in the explanatory notes.
Note 97 on this webpage includes the words "This does not apply where the consumer exercises the short-term right to reject". where 'this' is the presumption that any fault is inherent if it appears in the first six months.

I see, thanks.

wealdroam

caledoniagurl wrote: »

Currys did not install it

In which case you need to check carefully with the installer that it has been installed correctly - with particular attention to a firm base and levelled properly.

zoob

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"

Seems unfair, how many electrical shops do you know have washing machines plumbed in for you to try out before you buy?

Certainly if machine faulty you can reject it, not a problem, but it reasonable for them to inspect it first.
And also you can return it under the 30 day rule, but it wouldn't be unreasonable for then to reduce the value of refund as you've used it if the machine isn't faulty and is working to spec and it's you that doesn't like it.