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consumer rights

Discussion in 'Plasma TVs' started by steve0, Mar 20, 2005.

  1. steve0

    steve0
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    I had my Hitachi delivered on friday and Ive noticed it has one dead pixel and its making a buzzing noise I also told the saleman i had a universal wall mount and would it fit he said yes but it doesnt so it means ive got to shell out another £80 for one, would i be in my rights to ask for a refund and would i get back the postage cost £60 I paid the company, I purchased from an internet site with quite a good reputation.
    Ive read through the Hitachi thread and some people say the buzzing is normal but along with the dead pixel im very dissapointed. :mad:
     
  2. stevelup

    stevelup
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    Under the Distance Selling Act you have seven days to return any product.

    You do not even need to explain why you want to return it.

    Return carriage is at the cost of the supplier.

    It's a crappy bit of law if you're the retailer I guess...

    Steve
     
  3. ukdan

    ukdan
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  4. stevelup

    stevelup
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    Hi

    As this was bought mail order, the original poster will be exercising his rights under the DSR, not SOGA.

    Distance Selling Regulations

    Quote:-

    • The consumer has a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made and ends, in the case of services, seven working days after the day the order was made, or in the case of goods, seven working days after the day of receipt of the goods; and

    • Where the consumer notifies the supplier in writing that they wish to cancel the contract, they must be refunded with all monies paid within thirty days.
    Regards,

    Steve
     
  5. steve0

    steve0
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    can i phone them and cancel or does it have to be in writing, the way royal mail performs at the minute it probably wont reach them by friday, will I also lose the £60 postage I paid. Thanks :smashin: for all your repies
     
  6. stevelup

    stevelup
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    Hi

    Use Royal Mail Special delivery. Guaranteed delivery by 12PM next working day with signature on delivery. Approx cost £3.50 ish.

    You will not lose your postage costs - they have to refund in full.

    (I take it you are within the seven days?)

    Steve
     
  7. MAW

    MAW
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    You're telling me! But then poor advice and crap product, you are not exactly being too picky are you! Did I ever mention I don't sell Hitachi? I also prefer my brackets to fit the screen, and vice versa. If you already had the bracket, it seems the salesman was not quite paranoid enough with the questions. I always assume the worst until proven otherwise.
     
  8. steve0

    steve0
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    what plasma would you recommend I want DVI or hdmi
     
  9. MAW

    MAW
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    Lots of choice, is HD compatibility your concern, and would you pay for an external scaler? I might be tempted to recommend the NEC VR5 if you are tight for cash.
     
  10. Mep

    Mep
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    phone, email and send special D!
     
  11. Wackojacko32

    Wackojacko32
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    Not always, read the FAQ's on the page you posted, it depends on the contract at the time of sale. Many internet retailers will charge you return postage, read the T&C on their websites.
     
  12. samjet

    samjet
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    its the same old story - they can put whatever conditions they like - but they cannot take away your statutory rights (and you cannot sign them away either)

    its the same thing in supermarket car parks - they have a bloody great sign up denying all responsibility for your vehicle on their premises - means nothing - but they rely on joe public taking it all at face value and they get away with it most of the time :mad:
     
  13. Mazzah

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    What would happen if something happened to your car in one of those big carparks, could you sue (bit strong a term) errr, claim back money?

    Thanks :)
     
  14. samjet

    samjet
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    depending on the situation but broadly speaking if you can prove negligence on their behalf then yes :D
     
  15. MAW

    MAW
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    There you have to prove negligence, with retail the boot is on the other foot, we have to prove we are not at fault, and in this case it doesn't matter anyway. One point often overlooked, it must be still 'new' unless faults found when you turn it on are the reason for return, and it must be in original packing in good condition. So you can't, unlike a 'customer' of mine, buy a screen, use it for a week long event, then return it under distance selling regs and expect a full refund. The one time I have had a court notice. Needless to say, a 'reasonable' hire fee, based on the going rate, was settled on. He should have kept the screen, it's hideously expensive to hire a plasma!
     
  16. steve0

    steve0
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    Ive rang company but the depatment that deals with this have gone home so Ive been told to email tommorow,it was delivered last thurs day so I hope it doesnt go over 7 rule, I have 1 dead pixel, a slight buzzing noise a wall mount that doesnt fit and did i mention the picture is awful whenever someone moves or the camera pans all the faces become disfigured its scares my 2 year old daughter. The salesman on the phone asked if I wanted it exchanged,mmm let me think about that
     
  17. kevin19470

    kevin19470
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    Royal Mail now guarantee Special Delivery before 1 p.m (it used to be 12 p.m.) that extra hour could make a difference in some given circumstances.
     
  18. steve0

    steve0
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    My partner rang them up today and they refused to refund the money they were very rude to her, I rang then tonight and they said if i have a refund and there is nothing wrong with the set they are going to charge me, so i stated the 7 day rule and they backed down straight away, picking it up tomorrow
     
  19. Wackojacko32

    Wackojacko32
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    Great news, but I just wanted to clear up some confusion on who pays for return postage.

    The DTI website FAQ and the latest Which? Legal newsletter both seemed to suggest that this decision is made by the supplier and not the consumer. I did a bit of digging in the Regulations (http://www.legislation.hmso.gov.uk/si/si2000/20002334.htm) and found this in Paragraph 8 on what information is to be provided

    Therefore if the supplier tells you at the time of contract that you will be responsible for return carriage then there is nothing you can do about it. Sorry! :lesson:

    Wackojacko32
     

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