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Advice required regarding Currys returns policy


UKGez
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Good morning. 
 

I would like some advice please. 
 

I recently (19th nov) bought a Samsung Galaxy S20+ from currys. I did open and set up the phone to try it out but 1) wasn’t keen on it and 2) had trouble with the usb connection when trying to connect with my car stereo.

 

I decided that I would seek to return it, but only on trying to return it came across the stipulation that if data/software has been installed then a refund would not be issued and after calling was told this was due to GDPR.


I did point out to them that phone providers will issue full refunds even if the phone has been set-up and also that in order to be able to test the phone it requires setting up and software/data being installed but was told that it’s their policy.

 

I acknowledge that I may have handled it more than is reasonable in a shop as you wouldn’t be able to install software in a store, however the phone did need to be set up in order to test it, the phone has been returned back to factory settings and didn’t leave a case or the plastic film for the two days I used it for. Therefore I do not believe it was handled more than necessary.

 

Having looked at the CCR and CRA I called back to state that their store policy is super erred by the previously mentioned regulations and that their policy contradicts the Consumer Regulations Act.

 

As you cannot properly test the phone without having to install software on it, their policy creates an unfair term which I told the customer service agent over the phone who spoke to her manager and told me to contact their legal department.
 

I am still within the 14 day notice of return period so wish to try and preferable use this route.

 

Any advice at all please?

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