If you know about consumer rights... Get in here please.

dreamsaremadeof

Hi MSE,

I bought, installed and returned a washing machine all within the "cancel contract period".

The company agreed to take it back and refund me partially and not fully as I'd installed the machine.
I returned it because the machine was tearing my kitchen apart, the spin cycle was brutal, like having a jet engine in my kitchen.

Do I have consumer rights to get all my money back?

I bought it online so it was distance selling.

Black and white advice wanted, not opinions on who's in the right.

Should I go straight to bank and do a chargeback?

Thank you,

theonlywayisup

Did you "cancel the contract" or was it rejected?

What period of time exactly?

dreamsaremadeof

theonlywayisup wrote: »

Did you "cancel the contract" or was it rejected?

What period of time exactly?

I contacted them within their stipulated 14 day cancellation window to return the item.

I believe I cancelled the contract, what I'm sure is that I sent the item back within 14 days of delivery and they stated I could do so within 14 days.

Fosterdog

It will depend on a few things. Your change of mind cancellation rights are different to your short term right to reject for faulty goods. Under the change of mind cancellation rights you would only be entitled to a partial refund as you used the machine beyond the scope of what the legislation allows. Under your short term right to reject you would be entitled to a full refund, however, you would have had to inform them it was faulty and they may have required you to prove it, with washing machines it is often incorrect installation that causes the jumping around that you describe, either the machine not levelled correctly or rage transit bolts left in, or sometimes caused by overloading the machine. They would have needed to see it installed in your kitchen to verify the fault and that incorrect installation wasn't the issue.

From your last post it sounds like you never told them you believed it to be faulty so never gave them the opportunity to verify a fault over user error, if you just sent it back under your change of mind cancellation rights without informing them then you will host likely have to accept the partial refund, you can request a full refund but as you no longer have the machine you cannot prove a fault with it.

They may have actually already tested it once returned and found no fault so assumed user error.

neilmcl

dreamsaremadeof wrote: »

I contacted them within their stipulated 14 day cancellation window to return the item.

I believe I cancelled the contract, what I'm sure is that I sent the item back within 14 days of delivery and they stated I could do so within 14 days.

Then the "black and white" answer is the seller can deduct an amount to take into account any lost value by your usage that went beyond what is necessary to determine the functioning of the goods you purchased. To clarify, this usage goes beyond what you could reasonably expect to do in a bricks & mortar shop.

If the item isn't in any way faulty and you've simply changed your mind then you won't get a full refund because you've used the machine.