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toshiba 36zt29b help

Discussion in 'Televisions' started by sunderland, Sep 21, 2004.

  1. sunderland

    sunderland
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    ive had this tv for 5 days now got it from webelectricals. well the problem is it switched it self of twice and today it kept switching itself of and when i did get it back on the picture was rolling.so i phoned them up and they said i had to phone toshiba so did. explained to them and they said the telly was faulty and i had to send it back to supplier. but phoned them up and they said one of there technicians would have to speak to me first as if its not faulty i would have to pay to return it. am i in the right to say they can take the tv back and stuff it as ive only had it since last thursday or are they right thanks. :lease:
     
  2. lynx

    lynx
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    Yes. Tell them it's not fit fot purpose and you have lost confidence in them as a retailer due to the way they have tried to shy away from their responsibilities.
     
  3. sunderland

    sunderland
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    just phoned them again and they said to switch it of over night as that works. and you have to do that with a lot of new tvs which i told them was bull. but still waiting for technician to phone. im sick as a parrot
     
  4. scottiefraser

    scottiefraser
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    Hey Sunderland I have looked up their returns policy see below:

    Product Guarantees

    If the goods develop a fault within 14 days of receipt please contact us by email or by telephoning 0870 9076543 and we will arrange to collect the goods and exchange them or provide a full refund. Please note that if no fault is found, the goods will be returned to you and we will have to charge you for all collection and delivery costs incurred.

    If a fault is reported after 14 days of purchase, you will need to contact a local authorised repair centre. Please note that although your warranty covers both parts and labour it does not cover the delivery and collection of the goods from the repairer and some service centres may charge for this. Any charge must be paid by you, the customer, directly to the service agent if applicable.

    We strongly advise that you retain all original packaging in case of a return, replacement or repair.

    It sounds like you are inside the 14 days above. You should be fine if you stick to your guns insisting that you recieve a replacement (iaw their returns policy) or you will be calling your local Trading Standards office.
     
  5. lynx

    lynx
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    Call them back and tell them you are rejecting it and to send someone round to pick it up. Also remember that as well as the above post you have 7 days to return goods under the distance selling regulations.
     
  6. sunderland

    sunderland
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    cheers for the advice i just noticed aswell when i try and do anything with the remote i.e change channel or change anything with it. the remote stops working then a few seconds later the tv switches of p.s still no call from there technician.
     
  7. potshot

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    Under the sale of goods act you have 21 days to reject a product if it is faulty. You must do it in writing sending the letter recorded or better registered. Keep a copy of this letter as this is your proof that you have rejected the set. After 21 days the retailer has the right to repair the set.

    Mike :)

    Edit. The companies return policy is outside the sale of goods act, i would take what they say with a pinch of salt. If you are outside the 21 days contact toshiba directly, but remember your contract is with the retailer who the set and they have a responsibility to arrange repair not you.

    I have a toshiba picture frame 2 the tube blew after 14 months. The retailer said that the set was out of warranty and it wasn't their reponsilbilty. I took legal advice and was told it is the retailers responsibility and that even though the set is out of warranty it was not of reasonable durability and I could get the set repaired and charge it to retailer if they refused. If the retailer refused to pay I could take them to the small claims court to recover my cost and the retailer would lose.

    I didn't do that but contacted toshiba who had the set repaired not once but twice because the first tube was faulty. The only problem i had was the service agents used by toshiba were usless and I had to have a toshiba technical manager out to set up the TV. It is now perfect and it didn't cost me a penny even though the set was 2 months out of warranty.

    These retailer don't know the law and if after 14 days but within 21 days they say you have to have a repair, you don't, and you are intitled to a replacement. If they say they can't find anything with the set you are still intitled to a replacement if you have rejected it for a fault and it happens again 6 months later. The retailer has to prove there is not fault. You don't have to prove anything the onus is on the retailer to prove the set is not faulty.
     
  8. lynx

    lynx
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  9. sunderland

    sunderland
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    well just to let you no that they are coming to pick it up and said if there technicians dont find anything wrong with it i will have to pay for them looking at it. so i said i didnt want a new set i wanted to cancel with them as i dont trust them. and they said they have been really good with me. p.s there technician still didnt get in touch had to phone them.
     
  10. lynx

    lynx
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  11. scottiefraser

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    Hey Potshot, where did you get the info about the 21 days from?? I have looked at lots of pages about the Sales of Goods Act but cannot find reference to the "21 days" you have quoted. Can you post where this info is pse???
     
  12. sunderland

    sunderland
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    sorry lynx just a bit p***ed of with them p.s toshiba told me that you have 28 days to change tv if faulty
     
  13. potshot

    potshot
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    scottie I took legal advice from a legal helpline when I had a problem with 3 piece suite from DFS. I was told to reject a faulty product I had to do it within 21 days or the retailer was intitled to repair it. DFS tried every trick in the book to take it away to looked at and repair it. I stuck to my guns and threatened them with court action for breach of contract, they changed their mind very quickly. I was told to let them see the fault but not to let attempt to repair it. I must be one of a very few who manged to get a refund from DFS. The law changed this year to give consumers more rights it is mainly to with durablity and the retailer has to prove there is not a fault and thats upto six months which I think that time you geta replacement.

    Mike
     
  14. ayrshiredude

    ayrshiredude
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    Actually the Sale of goods act States "a reasonable period of time" unfortunately there is no actual definition of "reasonable". It is however generally consided to be 28 days from delivery (though only a judge could legally determin this). Under new legislation made last year it is up to the supplier to prove that the set was not faulty when it left them within 6 months of delivery, not you to prove that it is faulty. You also have up to 5 years to claim "compensation" for a device that goes faulty. The only thing with this is that you would have to prove that the fault was due to faulty parts or workmanship and not just a normal failure. Obviously as time goes by this becomes more and more difficult and the cost for proving this would have to be met by you, though you could claim this cost back from the retailer in court. Also the longer the time after delivery the less costs you could claim as it is deemed that you will have had some use and enjoyment from it.

    Any warranty provided by a supplier or manufacturer is over and above your rights under the sale of goods act not in conjunction with it.

    One note to point out is that any claim for a faulty item is between you and the supplier, not the manufactuer. You have no claim at any time with the manufactuer. When you purchase something you are entering into a legal contract between you and the supplier, not the manufacturer. This seems to be something a lot if suppliers ignore when they tell you to contact the manufacturer for a repair, it is their respnsibility to arrange this, not yours.

    As this fault has occured within 28 days and definately within 6 months you do not have to prove that it is faulty, it is up to them to prove that it is not. It seems pretty obvious that it is faulty so they cannot charge you to check it out. They could, though charge you to do this if it is not faulty.

    You have the right under the sale of goods act to reject this TV as it is not fit for the purpose it was intended for and therefor not of merchantable quality. You are entitled to either a Replacement, a Repair or a FULL refund whichever YOU choose (not them). If they will not refund you then you MUST inform them by writing (send it recorded delivery so they can't say they never got it) and state that you are rejecting it for the above reasons and that you require a full and unconditonal refund. Also give them a deadline date (say by 2 weeks) by which you require the matter to be resolved or you will initiate legal action against them

    Good luck and I hope this helps
     
  15. lynx

    lynx
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    Have a read at the content of the link i left a few post up. It states that Sofga protection can be 6 years (5 in Scotland). Other rights sites also advise on this.
     
  16. scottiefraser

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    Quality advice there!!!! Power to the consumer!
    It seems nowadays that the retailers seem quite happy to assume the majority of people just won't bother because they can't be done with the hassle. Reading the T & C pages of most of the sites that trade on the internet exclusively they seem to deliberately try and make things like returns "difficult" so that people will do exactly as I have said above. I myself have had a similar experience recently and it is only because I read about my rights that I stood up to the company threatning them with all sorts and quoting the trading standards site. They backed down and I am getting a relacement Tv tomorrow. I myself even had the thoughts of "I can't be bothered" but eventually realised that I should be bothered because after all, how many times do I spend nearly a grand on something not to be happy with it!!!
    Hope everything gets sorted Sunderland. Are u a red and white then by chance????
     

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