My Rights To A Refund?

deanos

Its a very grey area im afraid hence the different answers, i would speak to consumer direct.

RobertoMoir

DazDude wrote: »

the shop haven't offered me a repair, they have said to me I can bring it in for them to have a look at. At the moment though alot of the replies to this thread are leaving me confused as some people are suggesting that I won't be entitled to a refund or exchange and some people suggesting that I am. can someone clarify where I stand here?

In my opinion (and let's be clear, opinions are all you're going to get on any forum like this) you're in that twilight zone where you are (in my opinion) definitely well within your rights here, but proving that to the shop might take some effort.

advent1122

Good Luck anyway.
I reckon the shop is used to the dead...sorry stuck pixel... is it faulty or not routine.
Personally, I would be well peeved if it was me but I dont think you are going to get anywhere with the shop, as they will quote some manufacturer blurb about the number of pixels they are allowed to kill (whether it is right or wrong is another matter).
I hope I am proved wrong, but the small independant stores are a law unto themselves and if you go in all guns blazing quoting trading standards then I reckon you will be shown the door pretty quickly.
Once again, I dont think this is right, I am just guessing on the outcome.
I would go back and ask them to "look at it". If they look at it and say there is nothing they can do guvnor then you need to clarify the LAW.
Go back to trading standards and they will tell you to put the complaint in writing and the wheels will be in motion.
It will be a long slog and I am sure you will run out of steam long before the shop will.

Norfolk_Jim

I know this is a huge thread but have a look at http://forums.moneysavingexpert.com/showthread.html?t=108335
you'll see many peoples problem regarding difficult shops and the advice they were given to resolve the problems. You might also PM the member giving most of the advice as they seem very clued up on these things.
I certainly would not be satisfied with a new monitor/tv or whatever with a prominent red spot on it. I doubt many people would. You might have to test out if the court would feel the same by trying a small claim if you get nowhere with a polite approach to the shop. Dont allow yourself to get mad and start talking to them about trading standards, court etc, as that will likely antagonise them and make them dig their heels in all the more. Few people carry out such threats and the probably hear it all the while from disgruntled pushy customers - the worst kind!
I hope you get it sorted. Dont let them fob you off back to the manufacturer though. What a kerfuffle - I expect you could do without that fuss.

Tozer

RobertoMoir wrote: »

In my opinion (and let's be clear, opinions are all you're going to get on any forum like this) you're in that twilight zone where you are (in my opinion) definitely well within your rights here, but proving that to the shop might take some effort.

Completely agree with this. Bottom line (from someone who knows a fair bit about law) is you are in the right. You just need to enforce your rights.

Chambece

This is an odd one that I have had some experience with in the past, from both sides, with varying degrees of success.

While you may feel that this is some way 'faulty', and for what it is worth, I agree with you, it is likely not faulty in the manufacturer's eyes, and is up to the standard specification of LCDs, where these are a 'natural feature' of LCDs (!) You will notice that in the technical specs of a lot of these monitors it will say that it conforms to ISO 13406-2 to a given class, often where it says Energy Star compliant etc, and this is basically their get out. Unless you monitor is a Class I, which isn't the norm, then basically you are at the whim of goodwill (see http://en.wikipedia.org/wiki/ISO_13406-2 for more info).

If you do get it exchanged, and I say exchanged, as it is very unlikely they will 'repair' it, then once again you might get the same problem again, and it might be worse. If it does go for 'repair' then it will likely get sent back as no fault found, or if you are lucky, you might get it replaced as a goodwill gesture, but again, with no guarantees that it is free of dead pixels...

For what it is worth, this is one of the reasons why all my LCDs bought as a consumer have been online so I get the 7 days Distance Selling advantage, and why (as an ex-reseller) I have a couple of monitors with dead pixels from exchanges I have done with cheaper LCDs, and why I stopped selling cheaper ones (well nothing below Class I), and warned anyone against getting anything less, but these are usually a lot more expensive.

I know this might not help too much, but unfortunately this is a 'feature' of many cheaper (and plenty of not so cheap!) LCDs and will likely continue to be so for some time.

As such, my advice to you is to try and be nice to the reseller and see if you can get an exchange, as your contract is with him, as everyone rightly says, and failing that, try with the manufacturer.

If this doesn't work, be weary if the reseller sends it back as faulty, as often no fault found items might incur a charge, so check the position on this first.

Hope this helps, but unless its a Class I LCD, which it's not by the sound of it , I am not sure if it will be in the way you want unfortunately...

DazDude

I revisited the shop this afternoon along with the monitor mentioning he had ask me to bring it in to have a look at.

I explained to him that I'd spoken to the manufacturer and they said it couldn't be fixed under warranty with them and that I should be entitled to a refund or exchange from the retailer. Following this he said "that's all and well" as long as he can get an exchange (from them I suppose?, Though is he just trying to cover his back and try and get out of an exchange with me?) Either way I then said I had also explained I had spoken to Consumer Direct (Who I phoned this morning) and they said its a 'Product Defect' under the Sales of Goods Act and that I'm entitled to an exchange.

Anyway he has now taken my monitor and will have someone look at it in his shop and I should hear by tomorrow or Wednesday. At which point I assume I should be entitled to my exchange and hopefully things don't have to go further.

DazDude

Lazycow99

We bought a fridge freezer to replace one which has broken. we have had it for 8 days located next to a stand up double fridge in a brick lean-to connected to the back of the house.

after 4 days the freezer wouldnt work, all food was ruined. when i contacted the company they sent someone out on the 8th day and said it was located in a cold environment and it should be in a warmer place to work, they will not exchange or give a refund.

what can we do? the old fridge/freezer worked in the room for 5 years the other freezer has also been in there for 5 years and is still going strong.

i contacted the store and the head office who said we have to complain in writing but they refuse to do anything. any suggestions will be greatly appreciated.

Norfolk_Jim

Try asking the poster called Art on this thread http://forums.moneysavingexpert.com/showthread.html?t=108335&page=95
Almost certainly you can reject the goods and get a refund / exchange but it can take some effort. Read up some of the stories on the thread, you'll get the idea.

DazDude

Well I have finally heard back from the shop, a very mixed reply really

They have told me that as the fault is not 2 sub pixels within an inch of each other there's nothing they can do about it, And that the manufacturers warranty states 7 as I mentioned before and that under International Law and ISO Warranty there's not much they can do about it as otherwise everyone would be 'pixel perfect' and have to pay £800 - £1000 on a monitor as its not environmentally friendly to crush them if they have only a couple of minor defects

However as a gesture of goodwill they can offer me the display copy if I deem it suitable.

Now given this I phoned Consumer Direct and explained the situation to them and was told under the Sales of Goods act I am legally entitled to a refund/exchange despite all the above I was not shown the product in perfect working order before I brought it and is covered by my statutory rights. But also if I am offered the display copy I should be entitled to some form of reimbursement as they are basically exchanging me for a second hand product as it could of been on the shelf 6 months for all I know.

I am still puzzled by all this though as it all still seems a very grey area, despite the fact the rights are in my favour.....