Return curry’s TV 7 days old

SharkMoney

I paid online for click and collect with curry’s and I am not happy with the tv. I have googled an issue and it is normal for this type of tv. 

I understand from this website that under consumer contracts “ legal right of 14 days to cancel the order after receiving it, and a further 14 days to send most goods back for a full refund”

I have also read about being able to inspect an item. Does inspect and item include turning the tv on ?

What is the easiest way without arguments outside curry’s??

Curry’s website says “ we will accept items back even if you have opened the goods to inspect them. You are entitled to a refund as long as you inform us of your decision to cancel within 14 calendar days from the day after delivery of the goods. You can examine the goods as you would in a shop but to obtain a full refund you must not start using them, install them or input any data/software. The goods must be in an ‘as new’ condition and returned in the original, undamaged packaging, along with any accessories and free gifts received with them. DVDs, CDs, memory cards and software packaging discs must still be sealed”

David713

Have you been using the TV for the past 7 days? and have you added any personal info such as Netflix or amazon Prime accounts to it?

If so then this would go beyond simple testing and inspection and although that alone isn't a good enough reason for Currys to refuse a refund, what they would be entitled to do is to reduce the amount of the refund to allow for the diminished value of the TV due to the excessive use of it. 

the_lunatic_is_in_my_head

David713 said:

Have you been using the TV for the past 7 days? and have you added any personal info such as Netflix or amazon Prime accounts to it?

If so then this would go beyond simple testing and inspection and although that alone isn't a good enough reason for Currys to refuse a refund, what they would be entitled to do is to reduce the amount of the refund to allow for the diminished value of the TV due to the excessive use of it. 

Only if they abide by the following:

www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

Currys are, surprisingly, better than most but:

Following The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, we will accept items back even if you have opened the goods to inspect them. You are entitled to a refund as long as you inform us of your decision to cancel within 14 calendar days from the day after delivery of the goods. You can examine the goods as you would in a shop but to obtain a full refund you must not start using them, install them or input any data/software. The goods must be in an ‘as new’ condition and returned in the original, undamaged packaging, along with any accessories and free gifts received with them. DVDs, CDs, memory cards and software packaging discs must still be sealed. If you want to return a Software Product Activation Key card which is not faulty, the silver strip on the back of the card must be fully intact as new.

Do those two sentences in bold sit together implying returning goods which are not in an ‘as new’ condition, etc, etc warrants them not providing a full refund or does that full stop in middle imply the second sentence is a separate condition pertaining to general right to cancel, i.e that by not abiding by the second sentence you've lost the right to cancel completely, particularly when the next sentence after that, about CDs, DVDs, etc, is a valid exclusion for the consumer to completely lose their right to cancel if not abided by?

SharkMoney

David713 said:

Have you been using the TV for the past 7 days? and have you added any personal info such as Netflix or amazon Prime accounts to it?

If so then this would go beyond simple testing and inspection and although that alone isn't a good enough reason for Currys to refuse a refund, what they would be entitled to do is to reduce the amount of the refund to allow for the diminished value of the TV due to the excessive use of it. 

I didn’t see testing in the regulations. How do you inspect a tv without turning it on like the ones are on display in the shop?
what difference does adding Netflix account make to the inspection? It’s software, The tv can be factory reset , it’s not like it will “look” like it’s been used for Netflix 

pbartlett

Yes you can send it back for a full refund. 

JamoLew

SharkMoney said:

David713 said:

Have you been using the TV for the past 7 days? and have you added any personal info such as Netflix or amazon Prime accounts to it?

If so then this would go beyond simple testing and inspection and although that alone isn't a good enough reason for Currys to refuse a refund, what they would be entitled to do is to reduce the amount of the refund to allow for the diminished value of the TV due to the excessive use of it. 

I didn’t see testing in the regulations. How do you inspect a tv without turning it on like the ones are on display in the shop?
what difference does adding Netflix account make to the inspection? It’s software, The tv can be factory reset , it’s not like it will “look” like it’s been used for Netflix 

The point being that unless the issue is related to Netflix, then installing Netflix might not be classed as being required to adequately test it.

Another question to ask yourself when returning goods "as new" is -- would YOU be happy if you bought an item that had been returned in this manner

Al_Ross

JamoLew said:

SharkMoney said:

David713 said:

Have you been using the TV for the past 7 days? and have you added any personal info such as Netflix or amazon Prime accounts to it?

If so then this would go beyond simple testing and inspection and although that alone isn't a good enough reason for Currys to refuse a refund, what they would be entitled to do is to reduce the amount of the refund to allow for the diminished value of the TV due to the excessive use of it. 

I didn’t see testing in the regulations. How do you inspect a tv without turning it on like the ones are on display in the shop?
what difference does adding Netflix account make to the inspection? It’s software, The tv can be factory reset , it’s not like it will “look” like it’s been used for Netflix 

The point being that unless the issue is related to Netflix, then installing Netflix might not be classed as being required to adequately test it.

Another question to ask yourself when returning goods "as new" is -- would YOU be happy if you bought an item that had been returned in this manner

Opened returns will get resold as opened boxed,managers specials,they can even sell them in their Ebay store,all at a reduced price.

The important bit when returning is you do not tell them you switched it on.

roddydogs

What is "the issue" with it?

Jonty6262

Never buy from Curry's again. Scam company

Undervalued

Al_Ross said:

JamoLew said:

SharkMoney said:

David713 said:

Have you been using the TV for the past 7 days? and have you added any personal info such as Netflix or amazon Prime accounts to it?

If so then this would go beyond simple testing and inspection and although that alone isn't a good enough reason for Currys to refuse a refund, what they would be entitled to do is to reduce the amount of the refund to allow for the diminished value of the TV due to the excessive use of it. 

I didn’t see testing in the regulations. How do you inspect a tv without turning it on like the ones are on display in the shop?
what difference does adding Netflix account make to the inspection? It’s software, The tv can be factory reset , it’s not like it will “look” like it’s been used for Netflix 

The point being that unless the issue is related to Netflix, then installing Netflix might not be classed as being required to adequately test it.

Another question to ask yourself when returning goods "as new" is -- would YOU be happy if you bought an item that had been returned in this manner

Opened returns will get resold as opened boxed,managers specials,they can even sell them in their Ebay store,all at a reduced price.

The important bit when returning is you do not tell them you switched it on.

That can almost certainly be ascertained from the TV's software by accessing the service menu. Even after a "factory reset" it will still have recorded the length of time it has been powered up. 

It that is significantly above what would have been a reasonable inspection then they may well have grounds to refuse.

Setting up personal accounts in the various apps is certainly more than a customer would have done in the shop. 

cymruchris

If you've watched it for hours over those 7 days - modern TV's will have recorded the usage - and that will definitely be a reason to refuse the refund, as it's over and above what you'd expect if you'd wandered into a shop and chosen one. The issue you mention - is it a genuine fault - or more a distraction or a feature that doesn't work like you want it to?