[HELPCurry's Refusing Refund

[format]

Hi there,

I recently bought a netbook from Curry's but after a couple of weeks of faffing around trying to get Traktor Pro to work I decided it wasn't up to the job and I went to get it refunded.

When I bought the netbook I got it "as is" as a store display model, despite the staff saying I'd have to wait an hour for it to be reset.

So when I took it home it started up under curry's username etc etc.

I was refused a refund in the understanding it was "used," despite the fact that I system restored back to the day I bought it and it was "used" when I bought it. The packaging was ripped and no security seal but they're saying they can't take it back to re-sell as it's not brand new...

They then told me to phone customer services, who just put me on hold for 10 minutes as they phoned the store who told them the exact same thing they told me and decided to repeat themselves.

Is there anything I can do? They have a big sign on the counter saying they'd take back any product, "no questions asked."

[Rob_B]

Tricky, items sold ex display are, as you mention, as-is, sometimes this comes with stricter terms although of course cannot 'trump' your consumer rights.

Regardless of that fact if it's not fit for purpose then you're entitled to a refund, whether not running your application means the netbook isn't fit for purpose is a grey area though, I imagine it's not faulty in any other way? A couple of weeks is a long time to have had it (relative to how long someone may expect) but of course there isn't a defined time, just 'reasonable'

Try contacting Head office by post, or email/write to the Directors, that used to work well with DSG

[Rainmaker]

Forget head office and spending hours on hold to customer services. Have a quick chat with Trading Standards at your Council. You'd be surprised how fast things start to move then...

[Behemoth]

I'd go down the road of Sale Of Goods Act not as described. They said they had to reformat it for you do it would be like it was new out the box, and they clearly didn't.

Curry's are absolute swines for this and when I used to work there I had to say exactly the same stuff to people and hated every minute of it knowing full well that we were removing peoples statutory rights.

Try taking it back as faulty say one of the USB ports doesn't work ?

[GoNz0]

or see if you can get the keyboard off and remove the ribbons so it doesnt respond ?

[Behemoth]

Take the ram out and not put it back in correctly so it won't post ?

[dave87]

The difference here is that you have statutory rights (amongst others not applicable here) to return an item not fit for purpose, or of satisfactory quality. So does it fall into either of those?

If for instance, you went in and explained what you were doing with it, mentioned the specific software packages and reasons for purchase, and on the basis of that, this was the recommended item then it would not be fit for purpose - specifically because you've explained your use.

The difficulty I think you have, and I'm not sure I totally agree that you should be able to take it back in this instance, is because it is perilously close to a change of mind. If you went in, purchased this item, and then found that it doesn't do what you want performance wise - tough cookies I'm afraid - you should have done your homework before purchase.

If it is the latter, then you are reliant on the company in question's good will - something they may be willing to do, but something they are under no obligation to. In the case of an item opened and used (regardless of the display model issue) that would be outside of their 21 day no quibble refund - because there are certain conditions for that to apply. AFAIK, that it was unopened and in its original undamaged packaging. So therefore you cannot rely on that, but you could look into the goodwill of the store in question. However on this point I would suggest not kicking and screaming, because they are more likely to simply restate what they have already - and then you will have to take it to the Head Office or to the Courts to change their mind (something unlikely in the first instance, and expensive in the second).

Are you after a better replacement? If so, ask - they may well be more willing to offer to take it back if you are purchasing a better item as a replacement, rather than as a straight refund.


As to the jovial suggestions above, I would suggest they would be an unwise route to go down, as some of them could potentially be considered fraud. (s2 Fraud Act 2006 - Fraud by False Representation).

[The Fish]

dave87 is right on the money.

I did nearly take their well known cousins to court under the Sale of Goods Act 1979/94 regarding a laptop. They backed off a week before but it still took another 4 letters, the last giving notice of proceedings again, before I got my refund and costs of service etc.

The basic premise here is that, as Dave said, the goods must be fit for the purpose they were bought for. This may help;

http://webarchive.nationalarchives.g...ghts/dg_182935

Given your description, the fact it was bought 'as seen' does not detract from it being fit for purpose.
However, I also think you are in danger of being 'changing your mind'. Which as the link points out, and again Dave did too, means 'computer said no' if you'll pardon the pun.

I think you could try to approach the shop again. No shouting as they will just not listen - obvious I know but how many times do you see that happening? And read up on the act and quote it at them. Only you know what was said at the time of purchase, so only you know if you have a real case or not.

Good luck feller.

Edit: If you are on Hexus you must be a little educated, well a lot looking at your post count. So why were you shopping there for a pc? Amazed...

[jackvdbuk]

just tell them, firmly, you were suggested it and would run fine by a member of staff?

always believed ex-stock or ex-display had very little rights compared especially in this sort of case where research should of been done prior to purchase. companies like these dont want the hassle of taking it back and trying to sell it yet again.

[BobF64]

If for instance, you went in and explained what you were doing with it, mentioned the specific software packages and reasons for purchase, and on the basis of that, this was the recommended item then it would not be fit for purpose - specifically because you've explained your use.

This is always an amusing one to do anyway, especially if its something the storemonkey has never heard of.

Im sure they must be battling some inner conflict between losing a sale and telling a potential customer something untrue.

[Grey M@a]

I would agree with what's been said previously about which route to go down, but what does concern me is why did you even think about a netbook for Traktor Pro, most netbooks struggle with HD video let alone a full DJ software suite (Unless it was one of the newer atom/ION netbooks with the HDMI etc)

I must admit though, I have/had a habit of hammering netbooks though, my NC10 when I was playing EVE would be my mobile admin for eve machine xD Boy did that kill the NC10 xD Video conversions etc, that did kill the onboard Intel gpu lol 3fps was a luxury at times.