4 Month Old TV - Please Help!

bunzee

Hi all,

I purchased a 32" Samsung TV from Dixons online in January. Said TV has now taken to turning itself on and off at will once it's been on for more than an hour or so.

I called the Tech Guys who Dixons say to call first, they told me to get in contact with Samsung who would send out an engineer. I called Samsung, they have refused to come and look at it and have instead told me that I have to take it to a repair centre (which is difficult as I have no way of doing so). I called the repair centre and they said yes, drop it in and they'll have a look at it. I asked how long repairs usually take, and was told "oh about a week as long as it doesn't need parts, otherwise it will be longer".

I wasn't happy with this, so I callled Dixons and they called Samsung who are absolutely refusing to ask the repair centre to come out and look at the TV. So currently at a bit of a stalemate.

Upon looking at Google it seems the problem with the TV is fairly common, so quite possibly a manufacturing fault? Could this be classed as an inherent fault so that I can get my money back or a replacement?

Any help and comments appreciated

woody01

You cant demand money back as a first instance.

What you can do though is insist Dixons deal with this on your behalf. Your contract isnt with Samsung, but the shop you bought it from.

Once Dixons have it, they must sort this out with Samsung for you and either demand repair or replacement for you.

Pack it up, take it to Dixons, and remind them of their obligations.

If all else fails (whcih i cant see how as Dixons know their obligations), did you pay via Credit Card? If so, they will step in.

bunzee

Thanks Woody, I don't really want my money back tbh I just want a TV which works!

Unfortunately I don't have a Dixons nearby (I got it online) but I do have a Currys - can I go to see them instead do you think?

It was purchased on a credit agreement so guess I'm not going to get any joy there

maninthestreet

bunzee wrote: »

Thanks Woody, I don't really want my money back tbh I just want a TV which works!

Unfortunately I don't have a Dixons nearby (I got it online) but I do have a Currys - can I go to see them instead do you think?

It was purchased on a credit agreement so guess I'm not going to get any joy there

The supplier of the credit is equally liable as Dixons.

derrick

Your contract is with the seller of the goods, not the manufacturer.
Consumer Direct; -
"The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty."

Remember also that as the TV is under 6 months old it is up to the seller to "prove that the goods were fit for purpose".
Consumer Direct; -
"Six months...and counting- If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were fit for purpose – or 'as described' – when it sold them. It is also responsible for proving that the problem was caused by you (for example, because you had an accident with the item that damaged it). Beyond six months, it's up to you to prove that the problem was the retailer's."
"Your claim is against the retailer who sold you a faulty item, not the manufacturer."

Business guide to DSR; - (page 10)
If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.

SoGA; -
48B Repair or replacement of the goods

(1) If section 48A above applies, the buyer may require the seller—

(a) to repair the goods, or

(b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods, the seller must—

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).





Inform Dixons of their obligations and copy to the finance company as they are equally and severely liable under section 75 of the Consumer Credit Act.