Are we entitled to a new replacement or refund

Penny_Mac

Purchased a JVC 32" LCD TV on 21.7.08 via internet. Experienced problems (continually switches itself off) in January 2009. Seller arranged for collection on 5.1.09 and repaired TV and it was returned to us 3 weeks later. However same fault has occurred & TV was collected on 12.5.09 for repair. We wrote to them on 30.5.09 stating that we believed we should be entitled to either a replacement or refund - heard nothing. Rang them yesterday as they had now had the TV 3 weeks & they informed us that a new part was required which would take another 2 wks but the manufacturer had offered to replace our TV with one of similar age (10 mths old). We really need to know where we stand as ideally we want our money refunded or a brand new replacement. Any advice would be appreciated.

lee2009

You are protected under sales of goods act i have just gone through a similar experience myself. They have to remedy the fault or refund or replace not necessraily in that order.

i would say they have had enough time to fix the fault and i would push for a replacement which would be like for like, or a refund which would take into account how much use you ahve had out of the tv.

They have to repair the tv if they opt within in a reasonable time limit if not then you are wuthin your rights to ask for replacement. You should look up teh sales of goods act and quote it to them, you may find they will deal with immediately if not contact your local trading standards.

They is also consumer direct who can help with advice about this the are very good.

Esqui

I think 5 weeks is outside a reasonable time limit, and you could argue being without it for that length of time is causing you inconvenience.

4743hudsonj

lee2009 wrote: »

You are protected under sales of goods act i have just gone through a similar experience myself. They have to remedy the fault or refund or replace not necessraily in that order.

i would say they have had enough time to fix the fault and i would push for a replacement which would be like for like, or a refund which would take into account how much use you ahve had out of the tv.

They have to repair the tv if they opt within in a reasonable time limit if not then you are wuthin your rights to ask for replacement. You should look up teh sales of goods act and quote it to them, you may find they will deal with immediately if not contact your local trading standards.

They is also consumer direct who can help with advice about this the are very good.

what they have been offered is fair

a replacement under SOGA can be a reconditioned model of similar age aslong as its spec for spec

a refund will also only be partial as you have had use out of the tv (10 months) this will be deducted from any refund


if the op doesnt like it they need to stick with a repair for now


as for your case, it was different as you had WEH on your side, SOGA isnt quite so protective and your not automatically entitled to a new replacement (the objective is to put you in a similar situation to where you were before the fault, ie with a working 10 month old tv)

Penny_Mac

Thank you so much for all your quick and helpful advice, much appreciated.

4743hudsonj

Penny_Mac wrote: »

Thank you so much for all your quick and helpful advice, much appreciated.

what have you decided to do?

Penny_Mac

Take the replacement they've offered although they couldn't, or didn't want to contact the manufacturer, tell us what problem this replacement TV had. The retailer phoned today to advise that they've received it from the manufacturer and it should be delivered to us on Friday - fingers crossed that its ok and not got any superficial marks. Excuse me for my ignorance but what does WEH stand for?

lee2009

It means whatever happens contract, its a warranty/insurance of sorts offerd by currys, pc world and dixons you pay monthly cover your purchases against accidental damage.