Distance selling - what are my rights? Want to return a washing machine

[EdwardTeach]

I have just had a washing machine delivered from comet.

I have realised that the washing machine is too long/deep. It is to be situated in a corner and the front of the washing machine sticks out just far enough to prevent the dishwasher door opening - obviously a major problem.!

I did use the washing machine before noticing.

What are my rights?

 

[Destination]

Return no questions asked within 7 days, you cover cost of returning iirc.

 

[SpaghettiOs]

Just to clarify that a bit further, you have a right to cancel within 7 working days, starting the day after you've received the goods. You don't have to return it within that period, but you can't hold it for an unreasonable time after cancellation. You can confirm your cancellation by letter, email, or fax.

 

[Dolph]

When you say delivered, did you purchase online or in store, as far doesn't apply to store purchases that lead to subsequent delivery

 

[Destination]

Good point Dolph.

 

[Jokester]

Just to be sure, was it bought in store or over the internet?

 

[Nursie]

Just to be sure, was it bought in store or over the internet?

Bought using a time machine.

 

[Jokester]

Bought using a time machine.

Hah, good point, Comet went bust over a year a go. Where did you get it from?

 

[[TW]Fox]

Return no questions asked

Not quite, no.

 

[RJC]

I assume he meant Currys, below might be of help:

http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html

 

[EdwardTeach]

Just to be sure, was it bought in store or over the internet?

Internet

 

[EdwardTeach]

I assume he meant Currys, below might be of help:

http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html

Correct, thanks.

This states the goods must not be used - is that legally correct?

 

[SpaghettiOs]

I assume he meant Currys, below might be of help:

http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html

Probably worth mentioning that they cannot specify the condition in which an item must be for it to be returnable. They must offer you a refund, but can seek legal action if you treated the product unreasonably. Seeing as all you did was test it in place, this seems reasonable.

EDIT: Posted before I saw your edit. This should answer your question.

 

[jellybeard999]

Not sure of the specific legalities, but I was under the impression the distance selling rights gave you the protection you'd get if you bought in store - ie you can check the item out, ensure it's the right colour, build quality is as you expect etc. You wouldn't run a wash in the currys shop to check a washing machine out!

 

[Adam]

I think it's a bit unreasonable to expect someone to refund an item that you have used despite it being too big. Surely you'd have realised that before using it?

 

[Participant]

You can seriously USE something and then return it? Outrageous.

EBay and be more careful next time.

 

[SpaghettiOs]

Not sure of the specific legalities, but I was under the impression the distance selling rights gave you the protection you'd get if you bought in store - ie you can check the item out, ensure it's the right colour, build quality is as you expect etc. You wouldn't run a wash in the currys shop to check a washing machine out!

Distance Selling Regulations are tipped heavily in the buyer's favour. See the Trading Standards site on this issue, under 'Your customers’ rights on refunds and returning goods', in particular the last paragraph of 'Your customers’ duty to take care of goods'.

You have a statutory duty to treat the goods with reasonable care, and there are limitations on certain items (personalised goods, DVDs, CDs, etc.), but the retailer can never refuse a cancellation made within the statutory period. They do have the option of legal recourse if they feel the goods were treated improperly.

 

[Dano]

I think it's a bit unreasonable to expect someone to refund an item that you have used despite it being too big. Surely you'd have realised that before using it?

That thought crossed my mind too, how on earth did you not realise the moment it was installed?

 

[EdwardTeach]

I think it's a bit unreasonable to expect someone to refund an item that you have used despite it being too big. Surely you'd have realised that before using it?

No - I ran it before pushing it into place, to check none of the pipes leaked.

 

[darael]

I think most goods are pretty much the same size these days, apart from obvious variations in height and small variations in depth for washers.

Anyway, it's nothing a tape measure could have told you.

If you ran it, did you run it with anything in it at all - detergent, clothes? If not, then you might get away with it.