Return curry’s TV 7 days old

David713

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 

It makes a big difference.
Yes, you are allowed to turn on the TV to test and inspect it but the wording of the legislation that covers returns and cancellations (The Consumer Contracts regulations 2013) states that what is allowed is:

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

and even if the TV can be reset, I can't think of any shop that would allow a customer to set up their own Netflix account on a TV in store or to use that TV for a week.
Even if reset, it may well have a usage meter built in so that Currys or the manufacturer will know exactly how long it has been used for.

Undervalued

pbartlett said:

Yes you can send it back for a full refund. 

No, it really isn't as simple as that for reasons that several of us have explained.

Al_Ross

Undervalued said:

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. 

Even if this feature did exist (It doesn't on my new tv) there is no way the tv is going to be powered up switched on and checked when you return it, if they did so, they would be switching on the tv and using even if you hadn't used it.

 

Reset and return asap.

 

Currys won't be keen to accept it back either way though, but that’s Currys.

Undervalued

Al_Ross said:

Undervalued said:

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. 

Even if this feature did exist (It doesn't on my new tv) there is no way the tv is going to be powered up switched on and checked when you return it, if they did so, they would be switching on the tv and using even if you hadn't used it.

 

Reset and return asap.

 

Currys won't be keen to accept it back either way though, but that’s Currys.

I would be amazed if there is no way of establishing the usage on any modern TV, yours included!

Any shop (even Currys) accepting an electrical item back will surely want to confirm that it at least powers up (or doesn't if the customer claims it has completely failed) before issuing a substantial refund.

I agree with your last paragraph though, which is why I feel it is important for the OP to fully understand their limited rights under these circumstances.

It is seldom beneficial for the customer to try and claim that they have more "rights" than is actually the case.

bris

I've never heard of anyone sitting in Curry's and watching a tv for 7 days so yes this is excessive use.

JJ_Egan

TeamKnowhow watch You Tube videos 7 days a week .

How else can they learn how to fix TVs .

Manxman_in_exile

Apart from the_lunatic_is_in_my_head most people seem to be answering different questions from the ones the OP asked.

"Does inspect and [sic] item include turning a TV on?"   I would say yes, it does.

Regarding the bit about Currys website saying the goods must be returned in the original undamaged packaging, that must refer to Currys own extra-statutory returns policy and not to a "change of mind" click and collect purchase, as the legislation does not mention anything about the packaging.

It's irrelevant whether subsequent users would be happy to buy a "new" tv that somebody else has returned in different or damaged packaging as the legislation permits just that, so long as it hasn't been handled excessively.

(The problem with giving consumers additional rights to return goods for a change of mind is that consumers have to accept that some of their "new" purchases may have already been returned by a previous buyer - and who is to say how much they have been used if it isn't obvious.)

the_lunatic_is_in_my_head

Manxman_in_exile said:

Regarding the bit about Currys website saying the goods must be returned in the original undamaged packaging, that must refer to Currys own extra-statutory returns policy and not to a "change of mind" click and collect purchase, as the legislation does not mention anything about the packaging.

That's from their T&Cs page regarding cancelling the contract. 

It's a single paragraph starting with "Following The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations," so I don't think they claim it relates to their own return policy. 

It's certainly poorly worded but could also be argued as misleading as it implies you may not cancel the contract if the packaging is damaged, etc rather than directly stating that is a valid reason for them to impose a deduction. 

Of course we don't know what the OP received via durable means which may have been clearer. 

SharkMoney

I will phone and test the waters

mobileron

No chance with Currys,what is the actual fault on the tv.