@curryspcworlduk Returning Fridge Freezer under distance selling regulation ****Resolved****

[jdpwest]

I had a Freezer delivered last week and was advised to leave for 8 hours before switching on.

I did this and its very loud.

 

I have called Currys to say that under the cooling off 7 days I wish to return the item.

 

They have told me that as the item has been powered on ,

they term it as having been "used" and as such they wont take it back.

If we think its faulty then can send an engineer but if he cant find anything ,

they will charge us for that too.

 

Really all I want is to send the item back.

I have read all of the details on the web around distant selling and it doesnt mention items being "used"

or whether currys can take this view on "used".

Its not stated anywhere in their T&C's and even then I'm not sure whether they are accurate.

 

I'm confused. Can I return this item as all I have done is turned it on.

[freakyleaky]

Hi and welcome to the CAG.

I personally would have thought you had grounds to return but I'm sure those in the know will be along to advise further very soon.

If you have no answer in the next 24 hours contact this user

http://www.consumeractiongroup.co.uk/forum/member.php?349645-Paul-CurrysPCWorld

He is the on site Curry's rep.

[jdpwest]

Many Thanks freakyleaky for the warm welcome and the quick response

 

I have read some of the threads from the on site Curry's rep and they have commented about not accepting items that have been used as that would push their costs up and so the amounts the items would cost.

 

Whilst I understand that view I have an issue on 2 points, the first being that item cant be termed as used just as its been powered on, and the distance selling regulations dont state the item has to be returned in an unused condition. As such whilst I understand the view of not wanting people to try and then return items, under distant selling , that is what is allowed as far as I read things.

 

I have spoken to a solicator from which and they have advised that Currys view is not correct and this item can be returned. As such this evening I have emailed Currys to officially request this item be returned under the stated legislation.

 

Lets see if anyone else has a view.

 

Thanks again

[dx100uk]

what a load of borrocks!

what the hell are you supposed to do with it then..LOOK AT IT!!

 

its a poxy fridge freezer- it needs to be turned on to work!!

 

ofcourse you can return goods and get a full refund!!

 

they are new!!

 

typically paul sorts these issues easily

 

i know hes be away but is back now

 

i'll send him an alert to this thread.

[Guest Paul - CurrysPCWorld]

Hi jdpwest,

 

Thanks for taking the time to start your post. I am sorry to read that the freezer that you have bought has not been working in a satisfactory manner.

 

We are more than happy to take the goods back and refund or exchange the item if that is what you wish to do. If the item is over 48 hours old when you called our team to get an exchange that is why they will have suggested an engineer visit.

 

All our team require is to send an engineer out to your home to confirm the fault and if they can confirm the fault then we will more than happily replace or refund the item for you.

 

I am sorry if this was not made clear by the colleague on the phone. If you would like to arrange the engineer visit please call 0844 561 1234 (local rate) and our team will be able to get you booked in for a day that is suitable for you.

 

All the best,

 

Paul

The KNOWHOW Team.

Edited May 23, 2012 by Paul - CurrysPCWorld

[rebel11]

Hi jdp

 

Have a read of 11 in my signature. If you want to return the product, Curry's should have no objection to that providing they are adhering to the Distance

Selling Regulations, these are in place for a reason. If Curry's continue to ignore your requests contact your card provider.

 

Providing you paid by Credit Card or Visa Debit request a Chargeback from your Card Provider.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

[labrat]

paul

 

theres no point booking an engineer visit

 

the Origional Poster is asking to return it under the distance selling regulations

 

the distance selling regulations do not need an item to be faulty to be returned just for the consumer (OP) to have decided in the cooling off period that they do not require the goods

 

looking down the currys terms and conditions they state

 

If it is within 7 working days* from the day of delivery:

Following Distance Selling Regulations, we will accept items back even if you have opened the goods to inspect them

Your return is within the above time frames and you have proof of purchase (receipt, delivery note, bank statement)

The goods are in 'as new' condition and returned in the original, undamaged packaging along with accessories and free gifts received with it

The product has not have been used or installed or had any data inputted. Whilst the goods are in your possession you must take reasonable care of them and not use them

 

 

im going to have to point out that govement advice on the distance selling regs from the OFT

(http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/dsrexplained/;jsessionid=BBE3D12064B47684103438A4F2F54267)

 

The purpose of the DSRs is to allow customers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods, then they have not breached their duty to take reasonable care of the goods.

In these circumstances, you cannot insist that customers return the goods as new or in their original packaging. You may ask customers to take care when they open the package or return goods with the original packaging, but you cannot insist on this.

The DSRs do not provide for goods to be returned in a fit state for resale.

 

say that cmrs can return the goods if they're used, sorry paul i know where my loyalties lie but in this case i think the companys wrong

[Guest Paul - CurrysPCWorld]

Hi jdp,

 

If you could send me a PM with your full address details on and your online order number please I will have a look under the notes that have been added to the system to see if we can resolve this for you sooner rather than later.

 

Kind Regards,

 

Paul

The KNOWHOW Team.

[jdpwest]

Many Thanks guys and Paul for his input. I can now confirm this is resolved.

 

Just to clarify, the item is working as it probably should do , but it makes a loud noise and is popping and bubbling. Not an easy thing to ignore.

 

After my first call to Currys, I was advised by the solictor at Which to email Currys to state formally that I wished the item to be returned as the item was still within the 7 days cooling off period. I was also advised by Which that returning the item under distance selling is not limited to the usage or not of the item. The point being that the item needs to be given "reasonable care and attention" whilst it is waiting to be returned. Even if I had damaged the item, I am allowed under this legislation to return the item , however Currys could then charge me under the same legislation for the damage done to it.

 

There is an interesting case study on their site of someone who has worn some shoes and then didnt like them and was able to return them under this legislation.

 

Back to the point though , I emailed currys formally to say I wanted this item returned quoting the relevent parts of the legislation and pointing to the fact that the obligations they have.

 

I recieved a nice call from a guy at currys today informing me they would take the item back and all is now set for its return. I mentioned about the fact that it was noisy after it was switched on and there was no mention about this causing a problem with the return of the item. Very strange as I have been told that this was an issue a few times prior.

 

I maybe a little harsh , but I feel the first call we made we recieved the standard T&C's from Currys to stop as many items coming back (which I can understand) and only when we pushed the matter formally did we get it resolved

 

I'm now happy and all is resolved (return process going ok) , many thanks for the help with this guys and many thanks Paul for the offer of getting involved. It doesnt look like this will be needed, but I'll come back once the refund has happened.

 

Thanks

 

jdpwest

[Guest Paul - CurrysPCWorld]

Hi jdpwest,

 

Its always great to hear that the right thing has been done to resolve this issue for you.

 

Should you need anything else please feel free to PM or post up and I will be more than happy to help.

 

Kind Regards,

 

Paul

The KNOWHOW Team

[freakyleaky]

It's a real shame they tried to block the return until you sought legal advice etc. Bad customer service IMO.

[Xad]

Sorry to bump this, but i bought a new Fridge Freezer too and quite disappointed with the amount of noise it makes. Not the standard humming from the compressor which is fine, but the constant loud cracking and popping noises.

 

When you returned your Fridge Freezer, did you put it back into the original packaging? Or was that not necessary?

Also, did Currys charge you a collection fee?

[ConcernedUserGB]

 

im going to have to point out that govement advice on the distance selling regs from the OFT

(http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/dsrexplained/;jsessionid=BBE3D12064B47684103438A4F2F54267)

 

 

CAG should make an exhaustive list of retailers in the UK which abide by the DSR's as expanded by the OFT. I reckon it'd be a very easy list to make on account of it being very short.

 

Having said that, it seems reasonable that the retailer be given the opportunity to try and limit their losses. In this instance, one way of doing that would be for them to try to see if the noise was just due to a simple fault which could be rectified. If there was a fault, they could rectify it and presumably both the customer and the retailer would be happy. Of course they take the risk that it is not a fault, the customer is (still) not happy, and they pay for an engineer to visit AND swallow any loss on the unit being returned and refunded.

 

I wonder how DSR's affect CurrysPCWorld's laptops and PCs sold online. In order to evaluate a computer these days, you pretty much have to switch it on, register it under your name, set up an account on it, connect it to the internet, etc. Windows will not even boot to a desktop unless you do this. And I don't see how you can "evaluate" it until it does. As clear and equitable as the law is, it can be completely impractical in some circumstances.

[ConcernedUserGB]

Sorry to bump this, but i bought a new Fridge Freezer too and quite disappointed with the amount of noise it makes. Not the standard humming from the compressor which is fine, but the constant loud cracking and popping noises.

 

Stupid question: how long has it been doing this? Are you sure it isn't just the initial cooling down of the contents to operating temperature? When things cool they can creak and groan as various components shrink. Some freezers also go through regular cycles to get rid of ice that has built up and to recirculate coolant. But obviously this shouldn't just happen continuously and for days on end...

[Xad]

Ended up keeping the new Fridge Freezer as i'm guessing there would have been a courier charge for return. Over the past week or two some reviews on the items page (Reevoo) have appeared and it seems the cracking noise is normal for this model. It only happens before and after the compressor kicks in; still annoying but going to have to get used to it. Hopefully it settles down over time, but i'm not going to hold my breath.

 

On another forum a FF technician mentioned it's the foam insulation that is making the noise as it's contracting and expanding....it's not the same for all FF, just this model due to the design and foam type.