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unrealistic refund policy


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On 29/9/08 I purchased a Logik Digital Radio Alarm Clock from the store at Drakehouse, Rotherham.

There were no working display items of this on view, so I asked the sales assistant that if it wasn't right when I got it home, could i return it? i was told that as long as it was in the original packaging and i had my receipt then I would be able to return it.

When I got home, I unpacked it (obviously a big mistake I now realise!!) and found that the blue LCD display was very difficult to read and the light was too bright in a dark room.

I repacked the product in all the original packaging and returned it to the store today.

 

I was told by the sales assistant that I would be unable to have a refund as I had opened the box. Even after highlighting that there was no option for me to examine a display model in the shop prior to purchase and that this was a point I had checked before buying the sales assistant was adamant that he would not show any goodwill on the stores behalf. Indeed his attitude was very unhelpful and autocratic - with a constant reply referring to 'it's company policy', and 'well you've opened the box'.

I (politely) asked him to explain how I was supposed to have found out if the product was suitable/working/as described etc without opening the box?!!

 

I feel that this is a totally unrealistic expectation in the refund policy and

I now have a product that is totally unsuitable, which cost £30 - not a cheap purchase and one that I can ill afford to repeat considering I wasn't even offered the option to exchange for another model.

 

I contacted their customer services department on the phone and they basically passed the buck back to the store and reinforced the poilcy that i couldn't get a refund on anything if the box had been opened!

 

Any ideas on what i could do next?

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Nothing.

 

You are only legally entitled to a refund if the goods are faulty at time of purchase and you return them before a reasonable time (by which you have "accepted" the goods) has elapsed.

 

As there is nothing wrong with the goods (they don't do what you want them to, but they do what they are designed to) you have no legal recourse and are reliant on the store being willing to accept the return out of goodwill, which they are refusing to do.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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You could potentially argue that being unable to read the clock in a dark room is an inherent fault; alarm clocks being designed to tell you the time in the dark. This ought to give you protection under the Sale of Goods Act.

 

SV

If I've been helpful, please add to my rep. :)

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  • 4 weeks later...

This is a case of 'goodwill' if you get anywhere. Common sense approach would've been to view it before you bought. If they didn't demo such a simple product, then there was no incentive to buy it from them.

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On a slightly tangential note, this is something people should be made aware of: Blue LCDs are incredibly bright and be wary of them if you want to sleep in a dark room. I have to put a box of tissues in front of my alarm clock, and as for the TV on/off switch indicator, it has been taped up with duct tape from day 1. :-(

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On a slightly tangential note, this is something people should be made aware of: Blue LCDs are incredibly bright and be wary of them if you want to sleep in a dark room. I have to put a box of tissues in front of my alarm clock, and as for the TV on/off switch indicator, it has been taped up with duct tape from day 1. :-(

 

Maintaining the tangent.

 

I have exactly that problem with green/LED displays. All our digital clocks are red because of this.

 

For me, it's not the brightness, it's the colour.

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and as for the TV on/off switch indicator, it has been taped up with duct tape from day 1. :-(

 

Tsk tsk Bookie, thats not very eco-friendly is it? :rolleyes:

It should be turned right off ;)

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Yeah, like I'm going to get out of bed to do that. :razz: (That wouldn't be very eco-friendly either anyway, think of all the heat loss when getting up from under the covers!)

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Theres no answer for that lmao

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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ALWAYS ask a sales assistant to show you the product working if it is not out on display, it is both goodwill and a LEGAL requirement.

 

But no, that is the company policy, once you have purchased it, and there is no fault with it... Currys will not accept it back.

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ALWAYS ask a sales assistant to show you the product working if it is not out on display, it is both goodwill and a LEGAL requirement.

 

But no, that is the company policy, once you have purchased it, and there is no fault with it... Currys will not accept it back.

 

Unless it's unopened, unused and within 28 days of purchase.

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