Currys sent wrong laptop and won't replace

Grumpy_chap

OK - so you definitely ordered the blue i3 laptop.
That means you are not looking at "change of mind" but "goods not as described", which does change (in your favour) the consumer rights for rectification.

The difficulty will be demonstrating to Curry's that the silver Pentium laptop you now have is the one that was shipped as the blue i3 laptop.  It could be entirely possible - this is what Curry's might argue - that you ordered and received the blue i3 laptop and then acquired the silver Pentium laptop and tried to put the second purchase as a return against the first.

I am not sure how the rules about "goods not as described" returns apply and whether there are time limits in the legislation.  There have been previous posters in other threads suggest that the time limit is indefinite, which really does not seem plausible (consumer rights need to be sufficiently fair to the retailer as well).  Hopefully someone will be able to advise in more detail on time limits and process for "goods not as described".

TELLIT01

Hopefully the OP will get things sorted to their satisfaction, but the incident does highlight the need to check items when delivered, even if they are intended to be a gift for somebody else.

bris

Grumpy_chap said:

I am not sure how the rules about "goods not as described" returns apply and whether there are time limits in the legislation.  There have been previous posters in other threads suggest that the time limit is indefinite, which really does not seem plausible (consumer rights need to be sufficiently fair to the retailer as well).  Hopefully someone will be able to advise in more detail on time limits and process for "goods not as described".

It's not indefinite, there is passage of time in law that can be seen as acceptance (what the time frame is though is anyone's guess but I suspect the courts will know). In this case with a gift, I doubt very much that after just 30 days they could argue the passage of time law.

It would be worth taking it further especially since its a lower spec laptop

Baz_Warrington

Grumpy_chap said:

OK - so you definitely ordered the blue i3 laptop.
That means you are not looking at "change of mind" but "goods not as described", which does change (in your favour) the consumer rights for rectification.

The difficulty will be demonstrating to Curry's that the silver Pentium laptop you now have is the one that was shipped as the blue i3 laptop.  It could be entirely possible - this is what Curry's might argue - that you ordered and received the blue i3 laptop and then acquired the silver Pentium laptop and tried to put the second purchase as a return against the first.

I am not sure how the rules about "goods not as described" returns apply and whether there are time limits in the legislation.  There have been previous posters in other threads suggest that the time limit is indefinite, which really does not seem plausible (consumer rights need to be sufficiently fair to the retailer as well).  Hopefully someone will be able to advise in more detail on time limits and process for "goods not as described".

I see where you're coming from, but the packaging has a DPD label on it with the order number that matches the order number shown in the screen shot, with a currys label on the box inside... there is no doubt they sent the wrong item and I'm not after ripping them off to the tune of £30!!

If I'd ordered a £1,500 gaming laptop and gone through the above, I could understand the apprehension

Baz_Warrington

bris said:

Grumpy_chap said:

I am not sure how the rules about "goods not as described" returns apply and whether there are time limits in the legislation.  There have been previous posters in other threads suggest that the time limit is indefinite, which really does not seem plausible (consumer rights need to be sufficiently fair to the retailer as well).  Hopefully someone will be able to advise in more detail on time limits and process for "goods not as described".

It's not indefinite, there is passage of time in law that can be seen as acceptance (what the time frame is though is anyone's guess but I suspect the courts will know). In this case with a gift, I doubt very much that after just 30 days they could argue the passage of time law.

It would be worth taking it further especially since its a lower spec laptop

I've already raised it with PayPal.... so it should get sorted..... hopefully!

Baz_Warrington

TELLIT01 said:

Hopefully the OP will get things sorted to their satisfaction, but the incident does highlight the need to check items when delivered, even if they are intended to be a gift for somebody else.

Absolutely... lesson learned from this!!

Manxman_in_exile

bris said:

Grumpy_chap said:

I am not sure how the rules about "goods not as described" returns apply and whether there are time limits in the legislation.  There have been previous posters in other threads suggest that the time limit is indefinite, which really does not seem plausible (consumer rights need to be sufficiently fair to the retailer as well).  Hopefully someone will be able to advise in more detail on time limits and process for "goods not as described".

It's not indefinite, there is passage of time in law that can be seen as acceptance (what the time frame is though is anyone's guess but I suspect the courts will know). In this case with a gift, I doubt very much that after just 30 days they could argue the passage of time law.

It would be worth taking it further especially since its a lower spec laptop

Sorry, but where does the current law say anything about "acceptance"?  My understanding is that since CRA 2015 came into force the legal concept of "acceptance" no longer exists in relation to consumer sales contracts.

If an item that has been sold to a consumer doesn't conform to contract on the day it was sold, it still doesn't conform 6 months later, one year later, two years later, three years later up to - probably - six years later.

Isn't that what the position now is in law, or is it me that's mistaken?

(Granted there may be practical issues around proof with the passage of time, but they don't affect the position "in law").


[Edit:  But see my later post at 2:28pm.]

the_lunatic_is_in_my_head

bris said:

It's not indefinite, there is passage of time in law that can be seen as acceptance (what the time frame is though is anyone's guess but I suspect the courts will know). In this case with a gift, I doubt very much that after just 30 days they could argue the passage of time law.

It would be worth taking it further especially since its a lower spec laptop

Not this again, the SOGA specifically states it doesn't apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies. 

Grumpy_chap said:

OK - so you definitely ordered the blue i3 laptop.
That means you are not looking at "change of mind" but "goods not as described", which does change (in your favour) the consumer rights for rectification.

The difficulty will be demonstrating to Curry's that the silver Pentium laptop you now have is the one that was shipped as the blue i3 laptop.  It could be entirely possible - this is what Curry's might argue - that you ordered and received the blue i3 laptop and then acquired the silver Pentium laptop and tried to put the second purchase as a return against the first.

I am not sure how the rules about "goods not as described" returns apply and whether there are time limits in the legislation.  There have been previous posters in other threads suggest that the time limit is indefinite, which really does not seem plausible (consumer rights need to be sufficiently fair to the retailer as well).  Hopefully someone will be able to advise in more detail on time limits and process for "goods not as described".

There are several time limits that affect what the rights are but no limit on how long the consumer has to raise an issue, generally speaking

30 days for short term right to reject
6 months for burden of proof lying with the trader (except when using the short term right)
6 months for a full refund (except for motor vehicles and goods that are of a description specified by order made by the Secretary of State by statutory instrument).
6 years (E&W) to make a claim via the courts. 

Obviously the right for the trader to reduce the refund for use limits the timeframe for a claim as there comes a point where the value is too small to claim against. 

Regarding proof, it's down to Currys to demonstrate otherwise as it's within 6 months, they can't simply say so, if the consumer went to small claims Currys would need something accepted by the court on the balance of probability. 

The idea of acceptance doesn't apply to consumer contracts for goods covered by the CRA, Bris is stuck 8 years in the past  

Manxman_in_exile

Baz_Warrington said:

TELLIT01 said:

Hopefully the OP will get things sorted to their satisfaction, but the incident does highlight the need to check items when delivered, even if they are intended to be a gift for somebody else.

Absolutely... lesson learned from this!!

The other lesson to learn - which @prowla touched upon on the previous page - is that when returning goods to a seller you need to be absolutely clear with them what you are doing.

If you are returning goods under your statutory rights rather than the seller's own returns policy, make that perfectly clear to them.  Do not allow them to go down the "Sorry but we can't accept that return as it's outside the terms of our returns policy" script.

If you are sold something that is, for example, faulty or doesn't match the description of what you ordered, you are entitled to return it regardless of what the seller's own returns policy says, whether that's about notifying the seller within a certain time period or anything else.

Ditto when exercising your statutory right to cancel a distance contract.  Don't let the seller go down their own returns policy route UNLESS their policy gives you a better deal.  (eg a longer cancellation window than 14 days)

Baz_Warrington

~Quick update~

Currys have been in touch and they are replacing the laptop with the one I ordered and paid for!!