Currys refusing return of 1 Day old £2000 TV bought online

B_Yeltsin

I purchased a £2000 TV from Currys online. I plugged the TV in and found the picture to be highly unsatisfactory. I repacked it (the delivery men unpacked it) and call Currys and requested a refund, invoking my 14 day cooling off rights. They rejected this and said I have no right to a refund unless an engineer confirms a fault.

They told me not to bother returning it to a store because they will not accept it if its opened and not with a fault. So now I have no return address, they are not sending someone to pick it up and I can't return it to the store.

It arrived yesterday. What should I do here?

worried_jim

Should have gone to Richer Sounds.

http://www.richersounds.com/products/home-cinema/lcd-and-plasma/all-tvs

The only place to buy a tv form. If you do get a refund check them out.

Good luck. Jim.

bris

Did they give you a reason to refuse the return? Did you view it in store at any point?

B_Yeltsin

bris wrote: »

Did they give you a reason to refuse the return? Did you view it in store at any point?

The person I spoke to on the phone said a return will not be granted if there is no fault and that the 'cooling off period' only applies to certain products. I didn't view it in the store at any point, it wasn't in stock anyway.

bris

B_Yeltsin wrote: »

The person I spoke to on the phone said a return will not be granted if there is no fault and that the 'cooling off period' only applies to certain products. I didn't view it in the store at any point, it wasn't in stock anyway.

Then they are wrong and they know it. Their T&C's can not over rule your statutory right under the CCR's but they don't usually refuse so unless there is some thing we don't know?


Online, mail and phone order sales

Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren’t faulty. Sales of this kind are known as ‘distance selling’.
You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.
You must refund the customer within 14 days of receiving the goods back. They don’t have to provide a reason


They can deduct some money from the refund if you have went beyond what is acceptable but no reason to refuse from what you have said. escalate it further up the line.

B_Yeltsin

There is no further information about this that I'm not revealing. The picture quality was poor, worse than my five year old TV using the same sources.

I called them and both the operator and I seemed to be unaware of my actual rights, with he insisting it didn't apply to me and me insisting it did, I simply didn't know (and still don't) the precise wording of it.

Asked for superior, claimed he had no superior. However I took his name, the time of call and told him I wished to cancel the contract. Which he dismissed.

I'm currently planning on heading to the solicitor on monday.

neilmcl

B_Yeltsin wrote: »

The person I spoke to on the phone said a return will not be granted if there is no fault and that the 'cooling off period' only applies to certain products. I didn't view it in the store at any point, it wasn't in stock anyway.

Speak to them again and tell that you you want to return the TV under the terms of the Consumer Contracts Regulations (distance selling). Don't mention "cooling off periods" etc.

How long did you "inspect" the TV for?

Marktheshark

How did you pay ?
Credit card hopefully, worth every penny of the fee.

B_Yeltsin

neilmcl wrote: »

Speak to them again and tell that you you want to return the TV under the terms of the Consumer Contracts Regulations (distance selling). Don't mention "cooling off periods" etc.

How long did you "inspect" the TV for?

The TV was plugged in for probably less than an hour and not even placed on a TV stand. Then put back in its packaging.

B_Yeltsin

Marktheshark wrote: »

How did you pay ?
Credit card hopefully, worth every penny of the fee.

Yes, credit card. They've told me to call back on Monday, the guy said that because it was £2000 they'd need to launch an investigation (or something to that effect) and that someone in a position to know wouldn't be available (this was last night) at that time.

Capital One BTW.

neilmcl

B_Yeltsin wrote: »

The TV was plugged in for probably less than an hour and not even placed on a TV stand. Then put back in its packaging.

That's fair enough then and would be consistent with not going "beyond what is necessary to establish the nature, characteristics and functioning of the goods" particularly not "beyond the sort of handling that might reasonably be allowed in a shop".

Follow my advice above and ring them again quoting the CCRs, no need to visit a solicitor.