Need Advice re: Currys

imroberts

I bought a vacuum cleaner from Currys a fortnight ago, and have already got through two belts (the vacuum was supplied with two). I have attempted to buy replacements from various places, including Currys, but have been unable to obtain them

I returned to the Currys store this morning with the vacuum cleaner to return for a refund, and was refused this. I was told that the cleaner would have to be inspected by an engineer before they could issue either a refund or a replacement, and this would be at their discretion.

The store manager then referred me to the Currys helpline for further advice, however upon ringing this line I am told they do not deal with these appliances and I would have to return to the store.

Naturally with this kind of problems so early I am not happy about keeping the cleaner and would like a refund.
Where do I stand? I understood I could demand a refund rather than a replacement if the item was less than 30 days old?

jammiev

have you got the reciept???

:beer:

carolineb23

Yes you sould be entitled to a refund if it is faulty due to manufacturing faults. Legally if the goods become faulty within a reasonable amount of time(it will differ depending on what it is) you are legally entitled to a refund. You don't actually need a receipt, although you may find it easier with one. Your contract is with the seller not the manufacturer (as I get sick of pointing out to electrical retailers who keep trying to fob me of telling me to go to the manufacturer). I do believe it is their policy to witness the fault, but they should issue a refund. I worked in retail for years and nothing irks me more than sales assistants and managers who don't know the sale of goods act and try to tell customers they can't have a refund. I'd take it back into the shop and argue your point.

imroberts

I have the receipt anyway, I took this with me this morning.

Does anyone know what would be classed as a reasonable time for a vacuum cleaner?

The shop assistant tried arguing that the belt is excluded from the warranty. I understand that this is the case but surely given the circumstances (it has broken two within as many weeks) that would deem the cleaner itself to be faulty?

Can anyone point me to the specific terms of the Sale of Goods Act that the shop would be breaking by refusing me a refund?

holliefabbabe

you want to go in when its busy . and kick off , take some noisy kids with you for added affect ,

mrcarrow

Usually 28 days with Currys although I dont believe they quote that nowadays.

jammiev

imroberts wrote: »

I have the receipt anyway, I took this with me this morning.

Does anyone know what would be classed as a reasonable time for a vacuum cleaner?

The shop assistant tried arguing that the belt is excluded from the warranty. I understand that this is the case but surely given the circumstances (it has broken two within as many weeks) that would deem the cleaner itself to be faulty?

Can anyone point me to the specific terms of the Sale of Goods Act that the shop would be breaking by refusing me a refund?

hi, think you will find you are entitled to a full refund within 6 months. SPEAK TO THE MANAGER AND QUOTE THE SALES OF GOODS ACT 1979. HE/SHE SHOULD !!!!!! HIS/HER PANTS!!!
I KNOW ITS LENGHY BUT READ BELOW:
here is the info from which.co.uk:

Buying products from brands with a good reputation for reliability is one way to help avoid the hassle of dealing with faulty products.
But even products from the best brands can develop faults. A decent company will try to sort out your problem quickly and without question.
But it’s important to know the options open to you – including taking legal action – so you make sure you get things fixed.
When you can ‘reject’ something that’s faulty

If you discover a problem with something you’ve bought, you need to decide how serious you think the problem is (or if, for example, there are several problems).
If you want to give it back and get your money back, under the Sale of Goods Act you have the right to ‘reject’ an item that is not of ‘satisfactory quality’.
But you must act quickly: you have only a limited time – usually only a few weeks – to reject something.
If you don’t want to reject something (or it’s too late to), it’s worth simply phoning or visiting the retailer to explain the problem.
Many retailers will offer a replacement, repair or refund without question, especially if the item is relatively new. But if the retailer doesn’t, you have several other options for getting the problem sorted.
Using guarantees and warranties

Most items are sold with a manufacturer’s guarantee (or warranty), often for a year. Guarantees are a contract between you and the manufacturer and the manufacturer must do whatever they say they will do in the guarantee.
Usually this will be to repair or replace a faulty item.
However, a manufacturer’s guarantee does not replace your rights under the Sale of Goods Act. It will depend on the product and the fault, but you may well be legally entitled to a free repair or, in some cases, a replacement for something you’ve bought for some time after the manufacturer’s guarantee has expired (see below).
Your right to have an item repaired or replaced

Under the Sale of Goods Act, if something is not of ‘satisfactory quality’ you have the right have it replaced or repaired free. You can ask the retailer to do either, but it can normally choose to do whichever would be cheapest.
If the retailer refuses to repair the goods, you may have the right to arrange for someone else to repair it and then claim compensation from the retailer for the cost of doing this.
If it can neither repair or replace the item, you can either have your money back minus an amount for the use you have had of it, or keep the item and get a reduction on the price you paid.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
If you paid by credit card

Under the Consumer Credit Act 1974, the credit card company is liable along with the trader for any breaches of contract or misrepresentations.
The goods must have cost more than £100 but less than £30,000 and the amount you put on your card mustn’t be over £25,000. You get the same protection when the retailer arranges finance for you to pay for an item.
Paying for things on your credit card when you’re abroad is a particularly good idea, because you may be able to claim against your card company rather than have to try and deal with a retailer abroad.
See our If You Paid By Credit Card report for more about these.
Buying over the internet or by mail order

When you buy over the internet, or by mail, phone or fax order (‘at a distance’ in legal terms) there are special rules which, for example, give you a time to cancel a contract and get your money back, even if it’s just because you’ve changed your mind about something.

When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be:

• 'as described'
• 'of satisfactory quality', and
• 'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer).

Goods sold must also match any sample you were shown in store or any description in a brochure.
Retailer or manufacturer

In most cases, your rights are against the retailer – the company that sold you the product – not the manufacturer, and so you must take any claim against the retailer. However, if you have bought something on hire purchase (HP), it is the HP company that is responsible.
If you think you have a claim under the Sale of Goods Act for one of the reasons above, you have several possible remedies, depending on the circumstances and on what you want done.
If you want to get your money back

If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.
If you want to get a faulty item replaced or repaired

You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:

• reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called 'recision').

If the retailer refuses to repair the goods, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this.
You have six years to make a claim for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
What you need to do to prove your claim

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear.
Six months ... and counting

Generally, if your claim is about a problem that became apparent within six months of buying the product, it's up to the retailer to prove that the goods weren't faulty when it sold them or something you caused (for example, because you had an accident with the item that damaged it). Beyond six months, it's up to you to prove that the fault was the retailer's.
So you may need to prove that the fault was not down to wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report, for example from an engineer or mechanic.

Shoes that don't quite match that jacket, a toaster that stops working, a printer that isn't compatible with your digital camera – there are many reasons why you might want to return something you've bought.
Retailers will often take something back and refund your money whatever your reason (if you haven't damaged it).
However, there are also laws that sometimes give you the right to return something – depending on how you bought the item, and why you want to return it.
Returning something that is faulty

When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be:

• 'as described'
• 'of satisfactory quality', and
• 'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer).

If you buy a product that has a problem because of one of these reasons, you can choose to 'reject' it: give it back and get your money back.
Act quickly

The law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault it.
However, even with something like a car, you usually no more than three to four weeks from when you receive it to reject it.
If it's too late to reject you can ask the retailer to either repair or replace the goods, but it can normally choose whichever is cheapest.
For more about these rights, see our Faulty Goods report.
Returning something because you've changed your mind

If you buy something in a store and you decide you don't like it, or it's not suitable, or if it's an item of clothing that doesn't fit, you don't have an automatic right to return it.
However, if you buy online or by mail order, your rights are different – see below.
If you're buying from a store, and have any doubts about the item, check first whether it has a returns policy, offering either a refund, or a credit note or exchange if you return something within a certain time period.
By law, stores don't have to have a returns policy, but if they do, they must stick to it, as it forms part of your contract with them.
Returning something bought online or by mail order

Under regulations called The Consumer Protection (Distance Selling) Regulations 2000, when you buy something 'at a distance' (online, or by mail or phone order), you have a 'cooling-off' period during which you can change your mind and cancel the order.
This cooling-off period gives you seven working days, starting from the day after you receive the goods, to cancel, and you do not have to give a reason for cancelling.
However, there are some items that you can't return:

• CDs, DVDs or software if you've broken the seal on the wrapping
• perishable items such as food and flowers, and
• tailor-made or personalised goods.

For more about this, see our Online and Mail Order report.
Returning a gift

If you buy someone a gift you might want the person you've giving it to be able to return it to the shop if they don't like it.
Some shops will take back gifts without question (particularly if it is their own brand of product).
Otherwise, ask for a gift receipt when you buy something, which allows the recipient to take the gift back if they need to.
If something is faulty or there is a problem with a gift, you could of course take the item back yourself, and, if you have to, make a claim for breach of contract.
But if this wouldn't be practical, you could try and make sure that the person you are giving the item to gets third-party contractual rights, which would mean they could take it back.
To do this, you would need to make it clear when you buy the item that it is for someone else by writing 'Gift for [name]' on the receipt, and getting the retailer to accept this by signing it.
If you don't have a receipt

If you want to return something that is faulty, strictly speaking you don't have to have a receipt for it, because your legal rights under the Sale of Goods Act don't depend on having a receipt.
However, if you don't have the receipt, you must still be able to prove you have a claim against the store (if it doesn't just take your word that you had bought the item there).
Other forms of proof

You could use a credit card slip or even an entry on your bank statement to show you bought an item from the store.
However, this may not confirm exactly what you bought – if the store sells a number of items at that price, the store might make it difficult for you to return the item.
If you buy something reasonably expensive, it's always worth hanging on to the receipt for a bit.



:beer:

JasonLVC

You have a receipt, the item is less than 28 days old, the item does not work (not fit for purpose).

You are entitled to a full refund from the shop it was purchased from. Nothing to do with 'warranties', this is to do with the consumer act and your right to return faulty items.

Talk to manager and ask him for the name of his Regional Manager and a contact number and then call him/her in the store.

Currys work on the basis of intimidation and lies to make profit and so stand your ground and politely request what you are entitled to - they will give in eventually if you persist - 'tis the game this company plays.

Mr_Frustrated_2

I bought a fridge/feezer from Curry's on the 8th July - it was delivered on the 11th July - the door opens (it even set the alarm off when we were out!) and it is freezing and there is lots of water inside.
They are insisting on sending out an engineer to "look at it" (13th July) I contacted the Consumer Association, and they told me to quote the Sale of Goods Act - they armed me with all the information and I went back in there (14th July) and spoke to the manager. He told me he did not care what the Act was their policy is to send an engineer round and then either repair it or if THEY decided to replace it. They contacted (at my insistence) the manufacturer while I was on site and they (the manufacturer) said they would not take it back as it was ex-display. I told them I insisted they give me a refund as i would not accept a repaired fridge/freezer that was only 3 days old! They said no and practically escorted me off the premises. I contacted trading standards and they told me to refuse the engineer and that they would instruct me how to proceed within the next few days when the TS officer got in touch. I went back to the store and informed them off this. It was like water off a duck's back. They couldnot have cared less. The managers (2 of them) were 2 of the most arrogant and condescending people ever.

So now we have a leaking fridge and a retailer who refuses to give us our money back. I can't take a fridge freezer back. I have also contacted the credit card company and under section 75 they have suspended the payment.

I am really anxious that we will end up with nothing and it is really stressful going through this when they are so blatantly rude and couldn't care less.

Not sure what the trading standards office will do, can anyone advise.
p.s. I have everything with me re. the paperwork