Marks & Spencer return policy?

[Eiji]

A friend of mine bought a 21" Samsung Slimfit in the M&S sale. He doesn't like the TV as there is a honeycomb-like pattern on both sides of the screen (typical slimfit-syndrome) which is about 3 inches wide, the headphone output crackles and all four corners of the screen including the honeycomb sides are blurry not to mention the geometry is bad for a 21" TV. He was pestering me for a service manual but I couldn't find one. Good thing too.

He's had the TV for 8 days now (delivered on 8th Jan) so I guess its still covered by the distance selling act? Since today is now the 6th 'working' day he has had it.

M&S terms indicate (summarised):

All of our Technology products are guaranteed for 2 years, 5 years for televisions.

We are unable to offer a refund on our Technology range once the box has been opened, unless the product is faulty. This does not affect your legal rights.

If it is within 90 days of purchase we will offer a refund or exchange for a new product. (Please note exchanges can only be done in stores). After 90 days and for the remainder of your guarantee period, we will arrange for the product to be repaired. Should a repair not be possible, we will exchange the product for a new one or the nearest equivalent. In the likely event of being unable to exchange, we will offer a full refund.

This guarantee supersedes any guarantee with the product and is in addition to your legal rights.

Once the tamperproof seal on your technology product is broken, refunds can only be given in accordance with your legal rights. Remember you are not entitled to a refund if you simply change your mind or you damage the goods after you buy them.

We are unable to offer refund or exchange on Technology products once opened unless they are faulty. This does not affect your statutory rights.

The tamperproof seal mentioned was on the box on the seams so it had to be cut. Does he have any standing ground for returning the TV for a full refund due to the distant selling act?

I guess the This does not affect your legal rights in the T&C's means that he's covered right?

Terms & Conditions in full:
http://www2.marksandspencer.com/help...ms.shtml#techo
http://www2.marksandspencer.com/help....shtml#returns

Thanks.

Assuming you order the TV through long distance selling method.

My understanding is that if you do not like the TV, you can get the money back providing the TV box was opened for inspection purpose (which I personally think is fine in this case, you inspected it and found features you do not like). The seal thing was especially mention on the law/guideline that it has no legal standing.

You maybe responsible for the cost for sending it back depending on terms. They cannot charge you the original delivery or for re-stocking.

Act straight away with email/call for the rejection of goods.

I have read through the law/guideline and this is what I understand, I maybe wrong.

[igauk]

Sounds to me like you should return it as faulty, plain and simple, and forget about distance selling regs. Blurred picture, crackling audio sound like faults to me.

[Brainboy]

I agree it's broke so distance selling is irrelevant - this is M&S I can't believe you could have a problem their whole thing is customer service and returns is it not?

If there's problems here are some ideas for letter -

Considering the issue from a legal perspective I would refer you to your Statutory requirements (under the Sale of Goods Act 1979, Supply of Goods and Services Act 1982, Sale and Supply of Goods Act 1994, The Sale and Supply of Goods to Consumers Regulations 2002 and other related acts), from a simple customer relations perspective, your decision is very shocking.


http://www.tradingstandards.gov.uk/c...dv073-1011.txt

Check the FAQs for good ammo but with M&S I can't believe you will need any.

If there is a fault, it should be a straight refund and collected by M&S.

If it is a bad model TV you do not like, you may reject within 7 working days under long distance selling law/regulation.

Fault is usually mutually accepted but not concluded by user alone. If no agreement can be made on if it is faulty or not, it may end up in court.

Fault is usually defined as Not Fit for Purpose.

Example: plenty of bad cars, but they are not faulty (gets you from A to B). Same as TV, not a perfect picture may not be a fault, just a bad TV. Not many things are perfect and meet 100% of your expectation in life, not perfect may not a fault.

This is what I believe but I can be wrong.

Good luck on your return. M&S being a big company should sort it out for you.

[Eiji]

Yeah the TV was ordered over the internet so I guess he is covered.

Will update on what has happened when he tells me.