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

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

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.