Purchased online, collected in store, box opened at home.

littlemoney

I purchased online a rechargeable toothbrush and opted to collect from their local shop. I have purchased this make before and all has been OK.

I opened the box and found the rubberised grip area is much smaller than the previous two I purchased and with my aging hands makes it less easy to hold. If j had known this I would not have made the purchase.

What are my rights to return my purchase and get a full refund especially as I collected it in store and have opened the box.

From reading advice online I am confused and assistance would be appreciated. Thank you.

the_lunatic_is_in_my_head

Hello OP

Was the toothbrush "sealed" in any way, e.g the box wrapped in cellophane or in a blister pack? 

HillStreetBlues

Did you attach the brush when trying it out, or simply hold the main part?

littlemoney

the_lunatic_is_in_my_head said:

Hello OP

Was the toothbrush "sealed" in any way, e.g the box wrapped in cellophane or in a blister pack? 

The toothbrush was in cardboard packaging inside a larger cardboard box. From opening the first box could see the grip area was smaller but I removed it from it's surrounding card to handle it.

HillStreetBlues said:

Did you attach the brush when trying it out, or simply hold the main part?

I attached the brush head from your existing toothbrush. I didn't open the packaging which contained the brush included in the purchase. I didn't use brush, only handled it.

the_lunatic_is_in_my_head

littlemoney said:

the_lunatic_is_in_my_head said:

Hello OP

Was the toothbrush "sealed" in any way, e.g the box wrapped in cellophane or in a blister pack? 

The toothbrush was in cardboard packaging inside a larger cardboard box. From opening the first box could see the grip area was smaller but I removed it from it's surrounding card to handle it.

Hello OP

The important bit is if it was "sealed" in any way?

The exemption from the right to cancel is

in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

Whilst retailers often abuse this term (IMO), a think a toothbrush would fall firmly within it, I don't think opening a closed flap on a box would count as "unsealed" but removing cellophane would. Breaking one of those circle sticker type seals, debated, but I would err on the side of caution and say that also counts as unsealed. 

If there was no sealed the next question is did you pay online or in store?

If online who did you buy from? 

Jenni_D

Did you pay online or pay on collection?

sheramber

Can you return it in a saleable condition?

Would you be willing to buy it in the packaging you can return it in? 

It is not faulty. This is a change of mind return.

littlemoney

the_lunatic_is_in_my_head said:

littlemoney said:

the_lunatic_is_in_my_head said:

Hello OP

Was the toothbrush "sealed" in any way, e.g the box wrapped in cellophane or in a blister pack? 

The toothbrush was in cardboard packaging inside a larger cardboard box. From opening the first box could see the grip area was smaller but I removed it from it's surrounding card to handle it.

Hello OP

The important bit is if it was "sealed" in any way?

The exemption from the right to cancel is

in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

Whilst retailers often abuse this term (IMO), a think a toothbrush would fall firmly within it, I don't think opening a closed flap on a box would count as "unsealed" but removing cellophane would. Breaking one of those circle sticker type seals, debated, but I would err on the side of caution and say that also counts as unsealed. 

If there was no sealed the next question is did you pay online or in store?

If online who did you buy from? 

The cardboard box flap was glued down, had to peel apart to gain access into box. Does this count as sealed. The hygiene related item I would have thought as the toothbrush head, not the handle. Head package not opened.

It was purchased from Curries.

littlemoney

Jenni_D said:

Did you pay online or pay on collection?

I paid online.

Jenni_D

littlemoney said:

Jenni_D said:

Did you pay online or pay on collection?

I paid online.

In which case you probably have a right to cancel the contract for any reason/no reason at all. Currys have the right to reduce the amount of refund (subject to their T&Cs complying with the Consumer Contracts Regs - which they probably do) depending on the condition of the goods/packaging on return.

the_lunatic_is_in_my_head

littlemoney said:

Jenni_D said:

Did you pay online or pay on collection?

I paid online.

Thanks OP, does Currys have 2 in store collection services? Terms seem to state:

Because all Reserve & Collect sales take place in our stores, sales are subject to the normal in-store terms of sale, statutory rights and the Manager's discretion. Just take your Reserve & Collect print out and/or reference number with you and our store will sell you the goods at the website price or store price, whichever is cheaper.

If you did pay online and cancel Currys may do 1 of 3 things

Simply refund
Refund with a deduction
Refuse. 

For refund with a deduction Currys may be in a weaker position as they have stores with display models (no idea if that includes toothbrushes though).

If they refuse you'd be best off Googling CEO email, searching that website for Currys and using the email contact there.

Any chance there's enough stickiness in the flap to close the box back neatly and just return the thing in store? Down to them to inspect it then.