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    Legal store return rights

    A friend bought an Eee PC from Currys but he got the wrong type and wanted the one with the bigger hard drive. He wanted to just pay the extra and get the better model but they have said no.

    Does he have any legal rights on this, he returned to the store within 24 hours and had the reciept.

    Cheers

    17 Comments

    Why not just return the item and just purchase the bigger hd version?

    They have to give him a refund if done within a certain timeframe and he has all the original packaging etc

    He can just return it for a full refund and then buy the better one.

    Stores do not have to except returns if not faulty. This only applies to distance selling, i.e. over phone, internet etc.

    He could perhaps try and argue he was misold the incorrect item?

    Forsaken;1910681

    Why not just return the item and just purchase the bigger hd version? … Why not just return the item and just purchase the bigger hd version? They have to give him a refund if done within a certain timeframe and he has all the original packaging etc



    andrewnclark;1910693

    He can just return it for a full refund and then buy the better one.



    No they don't. :thumbsup:

    Original Poster

    Cheers for the replies guys, so he can say he was missold the item. I always thought you were entitled to return something within a 14 day timeframe if you had changed your mind.

    He wants to give them more money so i doubt they will keep giving a fuss

    That is incorrect Trauts.

    Stores may try to convince you otherwise but under statutory law they are required to refund you if the items are returned as new within X working days. I wont go into the legal mumbo jumbo but stores like currys are awful at informing the consumer of their rights as most of their floor staff are clueless

    Tell your friend to contact consumerdirect.gov.uk/ and they will without a doubt tell your friend that he can ignore the terms and conditions whatever they may be if they go against a consumers statutory rights

    Edit:

    If he did in fact ask for the version with the bigger hard drive but was given the wrong type (this is the basis on which Im saying he can return the item) he has a claim under the Sale of Goods Act as amended.

    Forsaken;1910764

    That is incorrect Trauts. Stores may try to convince you otherwise but … That is incorrect Trauts. Stores may try to convince you otherwise but under statutory law they are required to refund you if the items are returned as new within X working days. I wont go into the legal mumbo jumbo but stores like currys are awful at informing the consumer of their rights as most of their floor staff are cluelessTell your friend to contact http://www.consumerdirect.gov.uk/ and they will without a doubt tell your friend that he can ignore the terms and conditions whatever they may be if they go against a consumers statutory rightsEdit:If he did in fact ask for the version with the bigger hard drive but was given the wrong type (this is the basis on which Im saying he can return the item) he has a claim under the Sale of Goods Act as amended.



    It is you who is wrong.

    If you make a purchase from a store and there is nothing wrong with the item, then provided you were not given incorrect information ( difficult to prove without witnesses ) they are under no obligation to change or refund you at all.

    If the pc had not be switched on, then it is possible they would exchange it, but if he has started it up, so the pre-installed software has activated, then without defects to the pc he has no chance of an exchange, nor does he have any legal right to one.

    KDH

    Pls read the edit section

    My interpretation of the original post was that he had asked for X but got Y - but rereading the original post I can see how it can be construed in different ways. If he simply changed his mind after the fact and realised it would be nice to have a bigger hard drive, that may be another issue...

    Either way, if he talks to the manager and explains that he simply wants to swap it for one with a bigger hard drive and will pay the difference, he should be able to swap it. Maybe he spoke with the original sales person and that person didnt want to lose his/her commission. Speak to the manager and explain the situation

    KDH001;1911724

    If the pc had not be switched on, then it is possible they would exchange … If the pc had not be switched on, then it is possible they would exchange it, but if he has started it up, so the pre-installed software has activated, then without defects to the pc he has no chance of an exchange, nor does he have any legal right to one.



    Its always the software that is the issue, however, with it being freeware that is installed, I would have thought this would have been less of a problem than with a Mac/PC.....I would seriously go down the mis-sold route, unless of course your friend picked it off a shelf and the pricing should have been a fairly obvious clue to the spec they were getting

    If the goods are bought with the person in the store there is no cooling off period, and it can only be returned if misdescribed, faulty, not fit for purpose, or the store accepts returns (which is contractual and not statutory).

    Generally dixons (et al) tend to cling onto your money rather than see the value of a good relationship with customers. However, if you feel you were mis-sold it as not being the top of the range version you expected - you can ask the store for the email of the area manager - who after delaying/ignoring you for a while - will do as you ask to get you off his back.

    However, it may take a few escalations for this to happen, so consider if its worth your time for a not 100% guaranteed result.

    You can always just say the wrong version was purchased and it was only opened for inspection purposes (which is legal). Hopefully they wont give your friend too much grief. Even if they give you store credit, that would be ok to put towards the other model.

    Original Poster

    Thanks guys,

    He went to a different store who were more than happy to upgrade

    Great news

    morons, wheres he gonna go now to buy new software, upgrades, get technical work done and buy the next computer. I assume not the first store but the 2nd.

    I don't know why stores are so unhelpful in this situation - they seem to be almost asking you to break it on purpose so you can then take it back faulty and demand a refund, mind you that would be easier for them as they could then send it straight back to thier supplier.

    glad he got sorted

    i was going to suggest if they didn't upgrade it to shove a screwdriver over the circuits then take it back as faulty!! haha
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