Currys / PC World returns policy on TVs, if you power the TV, no returns say staff

the_lunatic_is_in_my_head

Sandtree said:

MiserlyMartin said:
Faulty/missold is irrelevant. You miss the main point. Aren't you covered under distance selling if an item is not suitable for any reason, therefore Currys staff are wrong and misleading customers? You are not allowed to see the item in the shop so do distance selling regs apply to any order be, it delivery or collection only?

Distance selling regs will apply if the purchase is made purely online however the question isnt if DSR applies but if you can turn on a TV that works perfectly and then return it under DSR as you find it doesnt have something that no one claimed it did.

The law isnt that clear cut/that detailed (ie its open to interpretation) ,  you’ll see lots of talk about people saying you should be able to inspect it like it was in the shop but when you go to a TV shop not every model of TV they sell are out on display and so its not straight forward as some will have you believe. If you go in store and the model isnt out its fairly unlikely that Currys would go into the stock room and open up a box for you to power it on.

What model of TV is it?

Excessive handling doesn't mean you no longer have the right to cancel under the CCRs but can mean the retailer may reduce the refund if they provide certain required information. 

I'm sure Currys do provide that info so they'd be entitled to reduce the refund if they deemed the handling excessive but there are retailers out there that don't and they'd be obligated to refund in full regardless of the handling of the item.

neilmcl

MiserlyMartin said:

Spank said:

What feature are you after? Forget Currys and go to Richer Sounds or John Lewis, they have great warranties. 

4.4.4 chroma sub-sampling on the HDMI input.

And the make/model of TV is?

Greatgimp

Be prepared for Currys to wriggle, wriggle, wriggle if you want/deserve a refund - they have scant regard for consumer rights.

neilmcl

Sandtree said:

MiserlyMartin said:
Faulty/missold is irrelevant. You miss the main point. Aren't you covered under distance selling if an item is not suitable for any reason, therefore Currys staff are wrong and misleading customers? You are not allowed to see the item in the shop so do distance selling regs apply to any order be, it delivery or collection only?

Distance selling regs will apply if the purchase is made purely online however the question isnt if DSR applies but if you can turn on a TV that works perfectly and then return it under DSR as you find it doesnt have something that no one claimed it did.

The law isnt that clear cut/that detailed (ie its open to interpretation) ,  you’ll see lots of talk about people saying you should be able to inspect it like it was in the shop but when you go to a TV shop not every model of TV they sell are out on display and so its not straight forward as some will have you believe. If you go in store and the model isnt out its fairly unlikely that Currys would go into the stock room and open up a box for you to power it on.

What model of TV is it?

I disagree. The law is very clear, in fact much clearer now then the old DSRs. The OP is entitled to handle the goods no more than what is necessary to "to establish the nature, characteristics and functioning of the goods" in other words the sort of thing they could reasonable expect to do in a shop. I've seen a  lot of posts recently coming up with the bogus argument that turning on a TV is going to be beyond this, no doubt fuelled by some of the response by certain retailers, but the fact remains that switching on a TV to view it would not normally be against the terms of the CCRs. Also, before anyone mentions smart TVs and GDPR, this again would be another bogus argument that simply wouldn't stand up in court.

Having said that, would some retailers make it more of a hassle to cancel and return the TV, of course but that doesn;t take away the fact that the law would be in the OP's favour if he chose to do so.

Sandtree

neilmcl said:
I disagree. The law is very clear, in fact much clearer now then the old DSRs. The OP is entitled to handle the goods no more than what is necessary to "to establish the nature, characteristics and functioning of the goods" in other words the sort of thing they could reasonable expect to do in a shop.

So you go to a shop, lets for arguments sake say Tesco, and it has a special offer on 40” HiSense TVs and there is a stack of 20 of them boxed. Would you reasonably expect to open one of the boxes, take it out of the packaging and find a plug socket to turn it on to look into the sub menus?

I know I have been interested in a model of TV that curry’s didnt have on display and they said that they couldnt open a box and set it up for me to let me see.

Undervalued

Sandtree said:

neilmcl said:
I disagree. The law is very clear, in fact much clearer now then the old DSRs. The OP is entitled to handle the goods no more than what is necessary to "to establish the nature, characteristics and functioning of the goods" in other words the sort of thing they could reasonable expect to do in a shop.

So you go to a shop, lets for arguments sake say Tesco, and it has a special offer on 40” HiSense TVs and there is a stack of 20 of them boxed. Would you reasonably expect to open one of the boxes, take it out of the packaging and find a plug socket to turn it on to look into the sub menus?

I know I have been interested in a model of TV that curry’s didnt have on display and they said that they couldnt open a box and set it up for me to let me see.

Which is their choice, they don't have to serve you at all. Just as you don't have to buy from them if they won't let you inspect the goods to your satisfaction. Other shops may be more accommodating, just as many shops allow "change of mind" returns / refunds even when they are not legally obliged to.

That doesn't change the legal position which is clearly set out by neilmcl.

couriervanman

neilmcl said:

MiserlyMartin said:

Spank said:

What feature are you after? Forget Currys and go to Richer Sounds or John Lewis, they have great warranties. 

4.4.4 chroma sub-sampling on the HDMI input.

And the make/model of TV is?

Its like pulling teeth with the OP on this one.......he'll probably come back and say its a sony then 3 days later 43" then a week later model number

Sandtree

Undervalued said:

Sandtree said:

neilmcl said:
I disagree. The law is very clear, in fact much clearer now then the old DSRs. The OP is entitled to handle the goods no more than what is necessary to "to establish the nature, characteristics and functioning of the goods" in other words the sort of thing they could reasonable expect to do in a shop.

So you go to a shop, lets for arguments sake say Tesco, and it has a special offer on 40” HiSense TVs and there is a stack of 20 of them boxed. Would you reasonably expect to open one of the boxes, take it out of the packaging and find a plug socket to turn it on to look into the sub menus?

I know I have been interested in a model of TV that curry’s didnt have on display and they said that they couldnt open a box and set it up for me to let me see.

Which is their choice, they don't have to serve you at all. Just as you don't have to buy from them if they won't let you inspect the goods to your satisfaction. Other shops may be more accommodating, just as many shops allow "change of mind" returns / refunds even when they are not legally obliged to.

That doesn't change the legal position which is clearly set out by neilmcl.

But its not clearly set out at all, and thats my whole point. 

Neilmcl states the law says you can handle it “ to establish the nature, characteristics and functioning of the goods”.  The OP states they want to know something very technical about the screen, its handing of 4:4:4 colour but lets take something slightly easier like the resolution of the screen. I can look online and see a TV has a resolution of 3840 x 2160 pixels, there is no hope in hell that if I open the box I will be able to count if there really are 3840 pixels across the middle of the screen so does the law mean you can open the box and turn it on to try and count the number of pixels to ensure it is as advertised or does it mean because every website you ever look at will state its 3840 x 2160 mean that turning it on to establish the pixel count is excessive handling?

I appreciate the above is intentionally an awkward question but you equally didnt say if you’d be walking around tesco with an unboxed TV looking for a plug to try it in.

the_lunatic_is_in_my_head

Sandtree said:

Undervalued said:

Sandtree said:

neilmcl said:
I disagree. The law is very clear, in fact much clearer now then the old DSRs. The OP is entitled to handle the goods no more than what is necessary to "to establish the nature, characteristics and functioning of the goods" in other words the sort of thing they could reasonable expect to do in a shop.

So you go to a shop, lets for arguments sake say Tesco, and it has a special offer on 40” HiSense TVs and there is a stack of 20 of them boxed. Would you reasonably expect to open one of the boxes, take it out of the packaging and find a plug socket to turn it on to look into the sub menus?

I know I have been interested in a model of TV that curry’s didnt have on display and they said that they couldnt open a box and set it up for me to let me see.

Which is their choice, they don't have to serve you at all. Just as you don't have to buy from them if they won't let you inspect the goods to your satisfaction. Other shops may be more accommodating, just as many shops allow "change of mind" returns / refunds even when they are not legally obliged to.

That doesn't change the legal position which is clearly set out by neilmcl.

But its not clearly set out at all, and thats my whole point. 

Neilmcl states the law says you can handle it “ to establish the nature, characteristics and functioning of the goods”.  The OP states they want to know something very technical about the screen, its handing of 4:4:4 colour but lets take something slightly easier like the resolution of the screen. I can look online and see a TV has a resolution of 3840 x 2160 pixels, there is no hope in hell that if I open the box I will be able to count if there really are 3840 pixels across the middle of the screen so does the law mean you can open the box and turn it on to try and count the number of pixels to ensure it is as advertised or does it mean because every website you ever look at will state its 3840 x 2160 mean that turning it on to establish the pixel count is excessive handling?

I appreciate the above is intentionally an awkward question but you equally didnt say if you’d be walking around tesco with an unboxed TV looking for a plug to try it in.

This is where it would come down to two parties disagreeing and the issue being decided by the small claims process ultimately leaving the decision to the judge on the day based on their interpretation.

davidmcn

MiserlyMartin said:

Sandtree said:

You say the spec doesnt state it has a feature and therefore you cannot claim the item is faulty/missold and so you would be down to arguing reasonability of inspection under DSR.

All of this is crazy though... it’ll take 10 minutes to find out if a TV has a feature or not online and far far better than messing about with deliveries and returns etc 

Faulty/missold is irrelevant. therefore Currys staff are wrong and misleading customers?

Of course they are. They've have decades of practice to hone their skills in this. Look at all the other threads here about them. If you want decent customer service, go somewhere else.