Technika TV Warning!!
Comments
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GeoThermal wrote: »It doesn't have to be a fault from new if the fault falls under the durability part of the Sale of Goods Act which this would.
QUITE RIGHT...it has to be fit for purpose...and you would expect a tv to working after 18 months,as long as it has not fallen from its stand or you have thrown it at someone.
Once you can show no misuse with a tv, under the new regulations and the sale of goods act,you should have no problems.Child of a Fighting Race.0 -
I know that and said so.
What I was saying is there is no EU 2 year warranty that many people seem to thing we have and nogginthenog was avocating using.
[FONT=Times New Roman, serif]The fact is that a [/FONT][FONT=Times New Roman, serif]two-year guarantee[/FONT][FONT=Times New Roman, serif] applies [/FONT][FONT=Times New Roman, serif]for the sale of all consumer goods everywhere in the EU[/FONT][FONT=Times New Roman, serif] (Directive 1999/44/EC). [/FONT]
Or do you personaly not recognize Eu duristriction in the uk.........And yes we all know it is not on the UK statute books in black and white.
[FONT=Times New Roman, serif]Product guarantees
‘[FONT=Times New Roman, serif]How long are guarantees on consumer goods valid?’[/FONT]
[FONT=Times New Roman, serif]Viktor used to live in Germany, where it is common for products to have manufacturers’ guarantees of five years. In March 2005, he bought a new washing machine in his home town of Eger in Hungary, but it started to leak water in April 2006. [/FONT]
‘[FONT=Times New Roman, serif]I complained to the Hungarian representative of the manufacturer, but they didn’t want to know. They said in Hungary there is only a one-year guarantee, not five years. What can I do?’[/FONT]
[FONT=Times New Roman, serif]
[/FONT]
[FONT=Times New Roman, serif]In this case, Viktor’s rights as an EU consumer are not being respected by the Hungarian representative of the manufacturer. The fact is that a [/FONT][FONT=Times New Roman, serif]two-year guarantee[/FONT][FONT=Times New Roman, serif] applies [/FONT][FONT=Times New Roman, serif]for the sale of all consumer goods everywhere in the EU[/FONT][FONT=Times New Roman, serif] (Directive 1999/44/EC). In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.[/FONT]
[FONT=Times New Roman, serif]When you buy a new product, it should look and function exactly how it was advertised. But do you know what your rights are if your new coffee machine leaks, or if a green door is delivered instead of the blue one you ordered?[/FONT]
[FONT=Times New Roman, serif]The vast majority of purchases and transactions in Europe take place with no reason for complaint. However, if you do have reason to complain, you should be aware that the following rights and responsibilities apply everywhere in the EU:[/FONT]- [FONT=Times New Roman, serif]If the item you bought does not look or function as it was advertised, or if it is not satisfactory, you have the [/FONT][FONT=Times New Roman, serif]right to have the item replaced or to get your money back [/FONT][FONT=Times New Roman, serif]if the replacement was not completed in a reasonable time at no extra cost.[/FONT]
- [FONT=Times New Roman, serif]If you buy goods that turn out to be [/FONT][FONT=Times New Roman, serif]faulty[/FONT][FONT=Times New Roman, serif], manufacturers must [/FONT][FONT=Times New Roman, serif]compensate[/FONT][FONT=Times New Roman, serif] you for any personal injury or damage caused to property.[/FONT]
- [FONT=Times New Roman, serif]When you buy goods or services by [/FONT][FONT=Times New Roman, serif]post, telephone, fax[/FONT][FONT=Times New Roman, serif] or through the [/FONT][FONT=Times New Roman, serif]Internet[/FONT][FONT=Times New Roman, serif] from a professional trader, you have the [/FONT][FONT=Times New Roman, serif]same rights[/FONT][FONT=Times New Roman, serif] in relation to guarantees as if you had bought them in a shop.[/FONT]
[FONT=Times New Roman, serif]Further information:[/FONT]
[FONT=Times New Roman, serif]ec.europa.eu/consumers/cons_int/safe_shop/guarantees/index_en.htm[/FONT][FONT=Times New Roman, serif] [/FONT]
[/FONT]Child of a Fighting Race.0 -
nogginthenog wrote: »[FONT=Times New Roman, serif]The fact is that a [/FONT][FONT=Times New Roman, serif]two-year guarantee[/FONT][FONT=Times New Roman, serif] applies [/FONT][FONT=Times New Roman, serif]for the sale of all consumer goods everywhere in the EU[/FONT][FONT=Times New Roman, serif] (Directive 1999/44/EC). [/FONT]
Or do you personaly not recognize Eu duristriction in the uk.........And yes we all know it is not on the UK statute books in black and white.
Sorry you say you work in a law office but then say it's not on the statute books. If it's not in B&W on the statute books or in a reported precident it's not recognised in UK Law. EU directives do not become UK law until adopted, and it's not.
It's that simple, SOGA gives you the right to take something back if it's not satifactory quality, as I said before.
The EU directive IS NOT UK LAW and is not enforcable.
It also ONLY covers defects that were there at time of purchase / delivery.0 -
Sorry you say you work in a law office but then say it's not on the statute books. If it's not in B&W on the statute books or in a reported precident it's not recognised in UK Law. EU directives do not become UK law until adopted, and it's not.
It's that simple, SOGA gives you the right to take something back if it's not satifactory quality, as I said before.
The EU directive IS NOT UK LAW and is not enforcable.
It also ONLY covers defects that were there at time of purchase / delivery.
Direct effect... for instance if a central heating boiler with a one year guarantee.....and fitted correctly,blew up and injured my daughter after18 months, i can now evoke direct effect against the manufacture of the boiler as i am a eu citizen and this law affects all EU countries
Direct effect is a principle of European Union Law stating that European regulations have a direct effect on EU citizens and on the laws of the member states.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
The concept was defined by the European Court of Justice in its ruling in Case 26/62 Van Gend en Loos v. Nederlanse Administratie der Belastingen ( ECR 1), which stated that European Community regulations could (and should) be tried before national courts, since the regulations have a direct effect on individuals' rights and responsibilities similar to that of national laws.
And i am not arguing over the manufacturing faults/time of purchase comments...it is standard pactice in the UK on 1 year guarantees
The 1 year extension to the .. min Uk 1 year guarantee is a tangable law
unlike the sale of goods act laws which are "fluid"
SORRY TO EDIT AGAIN......But Eu law over rules UK law so much now...that UK law is quite meaningless in many cases.Child of a Fighting Race.0 -
nogginthenog wrote: »SORRY TO EDIT AGAIN......But Eu law over rules UK law so much now...that UK law is quite meaningless in many cases.
Sorry this is going round in circles, you reciting something that has never been put into UK law.
There has NOT been any case where this has been tried and tested in UK Law. Despite the fact it should have been adopted it hasn't.
Unless there is a precident or a ruling then it doesn't matter what the EU put out in GUIDELINES it's not law. Direct Effect is not as simple as that for a EU DIRECTIVE, (not a ruling)
As I said before the EU directive was 2 years guarantee for faults at time of manufacture, nothing more, it's not a labour and parts guarantee on subsequent faults.
Much as I dislike Wikipedia as it can change looking at
http://en.wikipedia.org/wiki/Direct_effect#Directives
there a lot of "could be" effectives in there.
Again unless it's tried it's an unknown.0 -
Sorry this is going round in circles, you reciting something that has never been put into UK law.
There has NOT been any case where this has been tried and tested in UK Law. Despite the fact it should have been adopted it hasn't.
Unless there is a precident or a ruling then it doesn't matter what the EU put out in GUIDELINES it's not law. Direct Effect is not as simple as that for a EU DIRECTIVE, (not a ruling)
As I said before the EU directive was 2 years guarantee for faults at time of manufacture, nothing more, it's not a labour and parts guarantee on subsequent faults.
Much as I dislike Wikipedia as it can change looking at
http://en.wikipedia.org/wiki/Direct_effect#Directives
there a lot of "could be" effectives in there.
Again unless it's tried it's an unknown.
WIKIPEDIA SAYS IT ALL!...The whole concept of Direct Effect.......is to be used when their is no provision under national law......its in effect a eu human right for the individual...a principle of law..
that is from a solicitor who i work for.Child of a Fighting Race.0 -
nogginthenog wrote: »WIKIPEDIA SAYS IT ALL!...The whole concept of Direct Effect.......is to be used when their is no provision under national law......its in effect a eu human right for the individual...a principle of law..
that is from a solicitor who i work for.
OK point me to a precident where this has been used. One where it's been contested and won in court, not where the retailer backed down.
If it's such a EU right and it's been in law for 4-5 years it must have been used somewhere.
If you cannot find a recorded precident then it's not law.
I'm not going to continue on this thread unless you can point to something other than Wikipedia, as thats not a citable reference source.0 -
Further to my previous post, I received a letter from Tesco Customer Service Centre in Dundee. Here is the content:
Thank you for completing our Assessment of Electrical Products ‘out of warranty’ Form. I was concerned to learn that your Technika LCD Television purchased from our Warrington Extra store had become faulty and I sincerely apologise for the inconvenience this has caused.
I regret that I am unable to assist you further with a repair or replacement for the television. However, I am sorry this has happened and I’ve arranged for a cheque to the value of £250.00 to be sent to you as a refund for the intrinsic value of the television. This will be sent from our cash office and should arrive within the next 14-2 1 days. We do not require you to return the faulty television for our inspection.
I have noted your comments and would like to advise that under Consumer’s Rights in the UK the EU Consumer Rights Directive sets a minimum two year limit on claims by consumers for faulty goods; in the UK this legislation is enforced under the Sale of Goods Act and the limit is actually six years.
However, If goods that are over 12 months old are found to be faulty because they were defective in manufacture, the consumer is entitled to a range of potential remedies which may include replacement but also a repair or partial refund depending on the circumstances.
As the consumer has already had the use of the product for 12 months, it is unlikely that a full refund or replacement will be appropriate and an alternative remedy is more likely, this being determined by the retailer on the basis of the fault involved and the practicalities of affecting a repair. Different types of goods have different expected lifetimes price paid may also be- taken into account when making this decision.
If you feel that the television was faulty at the time of manufacture then you will need to provide an engineer’s report stating this. As we have no report and have allowed you to keep the television we feel that the offer is fair and reasonable under the Office of Fair trading Guidelines.
Thank you for letting us know.
Yours sincerely
For and on behalf of Tesco Stores Ltd
Lesley Mcrae
Customer Service Manager
It would seem to me that Tesco have adopted this "goodwill gesture" approach and, whilst I am grateful for the token payment, I do not believe that it is in the spirit of the EU Consumer Rights Directive to offer this part-solution.
Whether a TV (in this case) is bought from Tesco or a high street specialist, the price is nothing to do with it. This is a quantitative value, and not a qualitative one. Otherwise stores like Tesco might just as well say "we offer inferior products because they are cheaper than ones you buy elsewhere".
I'd appreciate advice on where to go next. Is it worth pressing Tesco to honour the EU Directive?0 -
ebay it as faulty, should get at least £30 for the parts, then its £280 towards a new tv
richer sounds!!!!!!!!
and get panel protection up to 5 years
things arent the way they were before, you wouldnt even recognise me anymore- not that you knew me back then
MercilessKiller wrote: »BH is my best mate too, its ok
I trust BH even if he's from Manchester..
all your base are belong to us :eek:0 -
catnamedog wrote: »Further to my previous post, I received a letter from Tesco Customer Service Centre in Dundee. Here is the content:
Thank you for completing our Assessment of Electrical Products ‘out of warranty’ Form. I was concerned to learn that your Technika LCD Television purchased from our Warrington Extra store had become faulty and I sincerely apologise for the inconvenience this has caused.
I regret that I am unable to assist you further with a repair or replacement for the television. However, I am sorry this has happened and I’ve arranged for a cheque to the value of £250.00 to be sent to you as a refund for the intrinsic value of the television. This will be sent from our cash office and should arrive within the next 14-2 1 days. We do not require you to return the faulty television for our inspection.
I have noted your comments and would like to advise that under Consumer’s Rights in the UK the EU Consumer Rights Directive sets a minimum two year limit on claims by consumers for faulty goods; in the UK this legislation is enforced under the Sale of Goods Act and the limit is actually six years.
However, If goods that are over 12 months old are found to be faulty because they were defective in manufacture, the consumer is entitled to a range of potential remedies which may include replacement but also a repair or partial refund depending on the circumstances.
As the consumer has already had the use of the product for 12 months, it is unlikely that a full refund or replacement will be appropriate and an alternative remedy is more likely, this being determined by the retailer on the basis of the fault involved and the practicalities of affecting a repair. Different types of goods have different expected lifetimes price paid may also be- taken into account when making this decision.
If you feel that the television was faulty at the time of manufacture then you will need to provide an engineer’s report stating this. As we have no report and have allowed you to keep the television we feel that the offer is fair and reasonable under the Office of Fair trading Guidelines.
Thank you for letting us know.
Yours sincerely
For and on behalf of Tesco Stores Ltd
Lesley Mcrae
Customer Service Manager
It would seem to me that Tesco have adopted this "goodwill gesture" approach and, whilst I am grateful for the token payment, I do not believe that it is in the spirit of the EU Consumer Rights Directive to offer this part-solution.
Whether a TV (in this case) is bought from Tesco or a high street specialist, the price is nothing to do with it. This is a quantitative value, and not a qualitative one. Otherwise stores like Tesco might just as well say "we offer inferior products because they are cheaper than ones you buy elsewhere".
I'd appreciate advice on where to go next. Is it worth pressing Tesco to honour the EU Directive?
If you want to go for it in the small claims court. and i cannot guarentee you winning
1ST You will need to write a friendly letter to tesco(recorded delivery) saying you want your tv problems put right and quote DIRECTIVE 1999/44/EU. .....You will need to give them at least 21 days to reply
If you are not happy with the reply.... sent them a letter again recorded delivery and again give them plenty of time to reply saying that you have now no option to to go to the small claims court.
THEN it is a simple matter of filling out the form, sending it off, wait for a response from Tesco...and i the worst comes to the worst waiting for a date for the hearing.Child of a Fighting Race.0
This discussion has been closed.
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