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Very sent wrong tumble dryer but I've used it

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  • If you were outside of the 14 days to return under distance selling regs, you are going to completely rely on Very to offer some goodwill

    The 14 day right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (the Distance selling regulations were superseded over 4 years ago) doesn't come into it. This only applies for a change of mind return.

    The OP has rights under the consumer rights act and one of these is that goods purchased must be as described, something that obviously isn't the case if they received a totally different appliance to that ordered and paid for.
  • The 14 day right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (the Distance selling regulations were superseded over 4 years ago) doesn't come into it. This only applies for a change of mind return.

    The OP has rights under the consumer rights act and one of these is that goods purchased must be as described, something that obviously isn't the case if they received a totally different appliance to that ordered and paid for.

    It would be far more straightforward to cancel within the 14 days. It's all well and good saying the product is not as described, but when you have opened, and used, a dryer for over 2 weeks and then decide to tell them it's not as described, is that reasonable?

    Ultimately, it will be the court that decides if it is.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It would be far more straightforward to cancel within the 14 days. It's all well and good saying the product is not as described, but when you have opened, and used, a dryer for over 2 weeks and then decide to tell them it's not as described, is that reasonable?

    Ultimately, it will be the court that decides if it is.

    Yes. In fact, the law explicitly gives you 30 days to reject goods for a refund. And up to 6 years to claim damages.

    Acceptance is not a thing under CRA. Even under SoGA, where goods were accepted and then proven not to conform to contract, the supplier remained liable - just the customer couldn't insist on a refund and had to allow them the opportunity to repair/replace.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It would be far more straightforward to cancel within the 14 days. It's all well and good saying the product is not as described, but when you have opened, and used, a dryer for over 2 weeks and then decide to tell them it's not as described, is that reasonable?

    Ultimately, it will be the court that decides if it is.
    Not really. If the OP uses his cancellation rights under the CCRs they run the risk of not getting a full refund due them using the machine in excess of what's required to to establish the nature, characteristics and functioning of the goods. Not to mention that they will also probably have to arrange and pay for it's return.
  • RESOLVED - Very asked for the serial number of the machine which was delivered which I provided to them. I presume they (or Beko) have traced this machine and realised the mistake that was made as they have agreed to refund the difference in price between the 2 dryers. It's an acceptable resolution as it saves any further hassle for both parties. Thanks for all of the helpful advice that was posted.
  • tonys312 wrote: »
    RESOLVED - Very asked for the serial number of the machine which was delivered which I provided to them. I presume they (or Beko) have traced this machine and realised the mistake that was made as they have agreed to refund the difference in price between the 2 dryers. It's an acceptable resolution as it saves any further hassle for both parties. Thanks for all of the helpful advice that was posted.

    Damn, why didn't anyone suggest that a week ago... :p

    Glad it's sorted.
  • Boohoo
    Boohoo Posts: 1,232 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    tonys312 wrote: »
    RESOLVED - Very asked for the serial number of the machine which was delivered which I provided to them. I presume they (or Beko) have traced this machine and realised the mistake that was made as they have agreed to refund the difference in price between the 2 dryers. It's an acceptable resolution as it saves any further hassle for both parties. Thanks for all of the helpful advice that was posted.

    So does that now mean that the person who has got the machine that you ordered and has now got a different model number will have to pay the price difference?


    I look forward to that new thread.
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