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Marks & Spencer return policy?

Discussion in 'TVs' started by Eiji, Jan 16, 2007.

  1. Eiji

    Eiji Member

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    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):

    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/policies/terms.shtml#techo
    http://www2.marksandspencer.com/help/policies/refunds.shtml#returns

    Thanks.
  2. Keyman

    Keyman Guest

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    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.
  3. igauk

    igauk Member

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    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.
  4. Brainboy

    Brainboy Member

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    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/cgi-bin/bglitem.cgi?file=badv073-1011.txt

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

    Keyman Guest

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    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.
  6. Eiji

    Eiji Member

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

    Will update on what has happened when he tells me.

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