Returning installed washing machine - my rights

SimonWalker1986

HI all
We had a washing machine delivered as part of a full kitchen set (oven, hood, fridge, washer, dishwasher) and stupidly didn't register that although the model and make was correct, it was the wrong colour. White, not graphite.

Not the worst thing in the world, but all the other appliances in the kitchen are grey.

Having not noticed this we gave leave for our builder to install, only realising it was the wrong colour when we arrived back from work.

Unfortunately the packaging is all but destroyed as well.

It was bought from Currys and I've gone through their terms and conditions and it basically says if it's been installed or we can't return in original packaging they won't take it.

Assuming we haven't got a leg to stand on, but do we have any right to pursue an exchange for the colour we ordered?

Thanks

dj1471

Are you sure the correct colour was ordered? Has it been used?

The first step is to speak to Currys and see what they say, they may exchange it without issue.

theonlywayisup

How long ago did you buy it and did you buy online or instore?

unholyangel

If you ordered the right item and they delivered the wrong one, they need to take it back and cover the costs involved although they may have an argument not to pay for uninstalling/installing the correct one. These are rights conferred by the Consumer Rights Act.

If you ordered the wrong item via distance (from their online store or via phone) then you should still be able to return but may not be able to do so without liability depending on if the trader complied with their legal obligations on providing certain information before you were bound by the contract - the Consumer Contract (Information, Cancellation & Additional Charges) Regulations apply and the retailer may be able to make a deduction for diminished value if they provided you with all the necessary information (including that they will be entitled to make a deduction if your handling goes beyond what is reasonable). If they didn't provide this information before you were bound by the contract then they can't reduce your refund, even if you did use or damage the goods.