1. Join Now

    AVForums.com uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Returning Your TV -Your Legal Rights

Discussion in 'Televisions' started by beastman, Apr 13, 2002.

  1. beastman

    beastman
    Member

    Joined:
    Jan 23, 2002
    Messages:
    71
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    6
    Ratings:
    +0
    We all know that expensive TV's can be faulty and have problems but what rights do we have in demanding a refund?

    This is of potential use to all new TV buyers but may help me in my attempt to get a refund. This is what I have established so far but would welcome any comments, corrections, additions and advice:

    I understand that by rights a new TV should be free from minor defects and if it has any you can return it BUT only if this is done within the legal "reasonable period of time" that defines if you have "accepted" the TV from the seller.

    I understand this reasonable time limit is not set in stone and can be determined by a court of law.

    If you have legally "accepted" the TV you cannot demand a
    refund but can claim damages if the TV cannot be repaired.

    So to my key questiion:

    If you spotted the defects after only having the TV 2/3 weeks but then found it to be unsatisfactory would this be classed as
    within the legal "reasonable period of time limit"?
    I hope so as I have bought a TV just over 2 weeks ago from a high street retailer and I am unhappy with it for several reasons.

    In view of the fact that there are can be many faults with TV's and that it can take several days of auditioning and tweaking a TV to spot these faults then this is perhaps why some better retailers offer a no fuss return policy.

    Sources used:

    http://www.wiganmbc.gov.uk/pub/ehcp/ts/consumer/soga.htm
    http://www.dti.gov.uk/CACP/ca/advice/saleofgoods/unsatis.htm
    http://www.tiscali.co.uk/money/features/good_shopper.html
    http://www.oxon-tss.org.uk/templates/rights/answer.cfm/1/4

    Jason

    PS If a "feature" of a TV set makes the picture worse like it does on my Philips (ie unNatural Motion! and Active Control) then isn't this arguably a fault and is a justifiable reason to return a TV?
     
  2. shaunthedude

    shaunthedude
    Guest

    Products Owned:
    0
    Products Wanted:
    0
    Ratings:
    +0
    I read that if you spend say £20 on a kettle and it goes wrong in say 1 years time then you are expected to buy a new one. If however you buy a tv for say £1500+ and it goes wrong within 5 years you should get a new one of the retailer. I read this on this site a while a go and the extracts were taken off a website about your rights as a customer. Currys say that if your tv goes wrong within 4 weeks of purchase it will be replaced. After 4 weeks if it goes wrong and they cant fix it within 4 weeks it is replaced. Im sure if you took a company to a small claims court because they would not exchange a faulty tv you would win. Hope this helps
     
  3. kenfowler3966

    kenfowler3966
    Active Member

    Joined:
    Jul 23, 2001
    Messages:
    844
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    18
    Location:
    leeds UK
    Ratings:
    +14
    That is not correct, you have rights under the sale of goods act but in the case of a tv of a few years age you are entitled to have it repaired or be given compensation if repair is impossible as long as the fault is unreasonable to expect in a product of the perceived quality at that age. IE buy a cheap set and you might have no rights after 2 years, buy an expensive Sony you may be ok up to 6 years. You may have to go to court to get your rights enforced. THe only time you would be offered a new tv at 5 years is if the original is beyond repair and the compensation due meets the cost of a new set. Don't forget you would have had the use of the tv for 5 years so the compensation would reflect this.
     
  4. GETanner

    GETanner
    Active Member

    Joined:
    Mar 11, 2002
    Messages:
    572
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    31
    Ratings:
    +76
    The Sale of Goods Act 1979, as amended 1994 and 1995 would be where you would find yours rights regarding a faulty TV.

    Have a look at http://www.consumer.gov.uk/CACP/ca/...ods/unsatis.htm for a good laymans piece on the Act.

    A useful standard letter can be found at http://www.adviceline.org.uk/pages/subpages/letter1.htm

    A useful site on How to Complain can be found at http://www.consumers.gov.uk/consumer_web/complain.htm

    Another good advice site is http://www.adviceline.org.uk/pages/rights.htm

    The DTI have a good consumer advice page here http://www.dti.gov.uk/CACP/ca/advic...ods/unsatis.htm

    And if you want a copy of the Act's amendments (1979 Act is not available electronically), take a look at

    Sale of Goods (Amendment) Act 1994
    http://www.legislation.hmso.gov.uk/...940032_en_1.htm

    Sale of Goods (Amendment) Act 1995 (c. 28)
    http://www.hmso.gov.uk/acts/acts199...950028_en_1.htm

    The Reasonable period of time would be determined in court if it went that far but a judge will always look to the side of the consumer if possible and partical.

    Taken from the first link given.

    UNSATISFACTORY GOODS:
    YOUR RIGHTS AS A CONSUMER
    YOUR RIGHTS: THE TESTS FOR WHAT YOU CAN EXPECT
    Whether they are new or second hand, goods you buy from a shop, market, catalogue or any other trader must be of satisfactory quality.

    The test of quality is what a reasonable person would find satisfactory, taking into account the price, how the goods are described and other relevant factors such as their age. Making allowance for these factors, the goods should be:


    fit for all the purposes for which goods of that kind are commonly supplied;

    fit for your specific purpose - if the seller knows what the purpose is (unless it is unreasonable to rely on his opinion);

    satisfactory in appearance and finish;

    free from minor defects;

    safe and durable;

    as described, for example, by the seller or on packaging or labels.

    If you notice a defect (or you should have noticed it because it was obvious), or it is pointed out by the seller and you decide to buy anyway, you cannot then say it makes the goods unsatisfactory.


    WHAT YOU CAN DO IF THE GOODS DO NOT MEET THESE TESTS
    Remember your legal rights are against the seller. Don’t be put off by arguments that it’s the manufacturer’s fault.

    If the goods do not meet these tests when you first examine them or try them out, you can reject them and get your money back:

    You need not accept a replacement, free repair or a credit note.

    If you agree to a repair it will not stop you claiming your money back if the repair turns out to be unsatisfactory.

    You do not lose the right to reject by signing a note acknowledging delivery.
    If you have had reasonable time to examine the goods or have used them for more than a trial and they go wrong or do not meet these tests, you cannot reject them, but you can claim compensation (damages). You can claim for the loss in value of the goods and for any harm caused by their use (or not being able to use them). In practice, reasonable compensation will often be repair, replacement or price reduction.

    If the defect was present at the time of sale and if it was reasonable for the goods to last that long, you can claim compensation for up to six years after purchase.

    If you bought the goods on credit or with a credit card you may also have rights against the credit company.

    --

    It is whether or not a judge would consider 2 weeks a trial period or not.

    Go back and state under the Sale of Goods Act 1979, I have examined the goods and find them to be of a unsatisfactory standard and as contained within the Act, I request a full refund in cash (or whatever method of payment used) immediatly. If you are happy with the TV but not the faults, whether or not you accept an exchange is up to you. Get them to fix it as under the act this does not stop you from demanding a refund at a later stage if the repair fails.

    I find asking for the address to which I may direct legal documents helps and ask for the manager. If he/she is unable/unwilling to help ask to use the company telephone to speak to somebody who can, there and then.

    They will try a fob you off, but stand your ground.

    The longer you leave it, the hard it will be to get a result you like.

    Guy
     
  5. GETanner

    GETanner
    Active Member

    Joined:
    Mar 11, 2002
    Messages:
    572
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    31
    Ratings:
    +76
    One more thing, did you pay with cash or by Credit-Card/ 9 months Interest Free or 36 months interest option.

    If the latter, you can also make a claim against the Credit company who would have to deal with you as they have a contract to supply with you. Even if you only spent a fraction of the total cost on credit, they are liable for the full amount.

    As a matter of course, I always pay 10% of any large purchase on my credit card to cover such problems.

    Guy
     

Share This Page

Loading...