Technika TV Warning!!

gjchester

nogginthenog wrote: »

The only thing that appears certain is that all EU member states will, at some point in the future, have the same set of remedies available to all consumers who buy a faulty product,

This is the key poiint, it's never been incorporated into UK law, so as such you are only likely to get a goodwill refund. EU Directive usually make it into UK Law but this hasn't yet, and no I don't know why...

As I understand it..

The Sale of goods act just says the item has to be of satisfactory quality, and clearly you would not expect a discount Technicka TV to be of the same quality as a expensive B&O TV, but it does not make any other comment on what is or is not good quality or the relationship to cost. It also mentions "reasonable amount of time" but does not qualify that in anyway.

The Six years warranty is most likely a mis reading of the fact you have up to six years to claim for a fault, from the time it happens, it's not the length of warranty.

nogginthenog

gjchester wrote: »

This is the key poiint, it's never been incorporated into UK law, so as such you are only likely to get a goodwill refund. EU Directive usually make it into UK Law but this hasn't yet, and no I don't know why...

As I understand it..

The Sale of goods act just says the item has to be of satisfactory quality, and clearly you would not expect a discount Technicka TV to be of the same quality as a expensive B&O TV, but it does not make any other comment on what is or is not good quality or the relationship to cost. It also mentions "reasonable amount of time" but does not qualify that in anyway.

The Six years warranty is most likely a mis reading of the fact you have up to six years to claim for a fault, from the time it happens, it's not the length of warranty.

The 2 year law applies to ever country in the Eu
Off topic..The Euro elections are very important,and much more important than most people realize

gjchester

nogginthenog wrote: »

The 2 year law applies to ever country in the Eu

As I understand it the EU issues a directive that should then be implimented into the local country law this one hasn't yet. EU Directives as such have no legal status until adopted in the the home countrys law.

As it's not implimented in UK law it's not valid. It should, the directive was back in 2002, but it's not.

nogginthenog

gjchester wrote: »

As I understand it the EU issues a directive that should then be implimented into the local country law this one hasn't yet. EU Directives as such have no legal status until adopted in the the home countrys law.

As it's not implimented in UK law it's not valid. It should, the directive was back in 2002, but it's not.

URL="http://en.wikipedia.org/w/index.php?title=Directive_(European_Union)&action=edit&section=3"]edit[/URL Implementation

When adopted, directives give member states a timetable for the implementation of the intended outcome. Occasionally the laws of a member state may already comply with this outcome and the state involved would only be required to keep their laws in place. But more commonly member states are required to make changes to their laws — commonly referred to as transposition — in order for the directive to be implemented correctly. If a member state fails to pass the required national legislation, or if the national legislation does not adequately comply with the requirements of the directive, the European Commission may initiate legal action against the member state in the European Court of Justice. This may also happen when a member state has transposed a directive in theory but has failed to abide by its provisions in practice. On 1 May 2008 1,298 such cases open before the Court.[1]

URL="http://en.wikipedia.org/w/index.php?title=Directive_(European_Union)&action=edit&section=4"]edit[/URL Direct effect

Notwithstanding the fact that directives were not originally thought to be binding before they were implemented by member states, the European Court of Justice developed the doctrine of direct effect where unimplemented or badly implemented directives can actually have direct legal force. And in Francovich v. Italy the court found that member states could be liable to pay damages to individuals and companies who had been adversely affected by the non-implementation of a directive

Their is a 2 year minimum guarentee law in the UK. on electrical goods in the UK
You may need to fight for it......The law is binding.

gjchester

nogginthenog wrote: »

When adopted, directives give member states a timetable for the implementation of the intended outcome.

Again the point is as highlighted "when adopted". It has not been adopted into UK law, it should ahve been by 2002, but it hasn't. Until a precident is created by a UK judge it's not valid in UK law one way or another, unless adopted.

The EU directive is here
http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm

and says
The concept of legal guarantee includes all legal protection of the purchaser in respect of defects in the goods acquired, resulting directly from the law, as a collateral effect of the contract of sale. The Directive hence concerns the principle of the conformity of the product with the contract.

The concept of commercial guarantee, on the other hand, expresses the will of one person, the guarantor, who assumes personal liability for certain defects.

The Directive does not use the terminology of legal and commercial guarantee. The term "guarantee" thus covers only commercial guarantees which are defined as follows: "any additional undertaking given by a seller or producer, over and above the legal rules governing the sale of consumer goods, to reimburse the price paid, to exchange, repair or handle a product in any way, in the case of non-conformity of the product with the contract".

Again one of the keys is the later comment
Goods are deemed to be in conformity with the contract if, at the moment of delivery to the consumer:

If the machine works when you get it its deemed to be working , the EU directive gives you up to two years if it's defective on arrival, it's not a 2 year Guarantee on the product.

You can say the Sale of Good Act is better in that it says it needs to be of Satisfactory Quality but that not what the EU directive says.

nogginthenog

gjchester wrote: »

again the point is as highlighted "when adopted". It has not been adopted into uk law. Until a precident is created by a uk judge it's not valid in uk law one way or another, unless adopted.

DIRECT EFFECT if you go to court you will win(or should) ..And the EU law PERTAINING TO THIS POST was implemented and adopted several years ago

gjchester

nogginthenog wrote: »

DIRECT EFFECT if you go to court you will win(or should) ..And the EU law PERTAINING TO THIS POST was implemented and adopted several years ago

Not if it's a small claims court, only a crown court or law lord ruling would make it a precident.

Can you show any reference to a UK Statutory instrument that refers to this, or any legal precident? If theres no SI or precident it's not law, as far as I'm aware it has never been adopted.

Remember all it says is that national law must not limit to less than 2 years the period during which the consumer has a right to take action in respect of faulty goods.

It means you have a 2 year timeframe to claim a fault that was there at time of delivery. Thats not the same as a fault after it was delivered.

lalapaulie

Just to let you know I bought a 32" technika tv. Worked fine for 15 months and then experienced issues. Called Tesco and they sent me a form to claim for out of warranty. I sent it back not actually expecting anything and received a cheque for the cost of the tv - £30.00. With tv prices having gone down since I bought it I was able to replace the tv with a better one (Samsung). Tesco's didn't even ask me to take the tv into their store. So don't give up on them.....it was quick and easy for me.

lalapaulie

just to avoid any confusion this should read cost of the tv minus £30.00

nogginthenog

gjchester wrote: »

Not if it's a small claims court, only a crown court or law lord ruling would make it a precident.

Can you show any reference to a UK Statutory instrument that refers to this, or any legal precident? If theres no SI or precident it's not law, as far as I'm aware it has never been adopted.

Remember all it says is that national law must not limit to less than 2 years the period during which the consumer has a right to take action in respect of faulty goods.

It means you have a 2 year timeframe to claim a fault that was there at time of delivery. Thats not the same as a fault after it was delivered.

A small claims court judge Could use "common law" so its worth trying




The Directive on Sale of Consumer Goods and Guarantees aims to harmonise those parts of consumer sale contract law that concern legal guarantees (warranties) and, to a lesser extent, commercial guarantees.
Its main element is that the seller has to guarantee the conformity of the goods with the contract for a period of two years after the delivery of the goods. Certain standards exist for assessing when conformity can be assumed and when not.
If the goods are not delivered in conformity with the sales contract, consumers can ask for the goods to be repaired, replaced, reduced in price or for the contract to be rescinded.
The final seller, who is responsible to the consumer, can also hold the producer liable in their business relationship.
Member States can require consumers to inform the seller of the lack of conformity within two months after its discovery. A commercial guarantee must be clearly drafted and indicate what rights it gives on top of consumers' legal guarantees.
All Member States were required to implement the directive into their national law by 1 January 2002, and were allowed to adopt more stringent provisions in favour of the consumer.



The EU directive in question is 1999/44/EC. The full wording is contained here (open the word documtent and scroll to page 7) but the important bit is this: 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.'
As with UK law, a seller is not bound by the guarantee 'if the (fault) has its origin in materials supplied by the consumer'. But the EU rule does not require the buyer to show the fault is inherent in the product and not down to their actions. The EU rule also says buyers need to report a problem within two months of discovering it if they want to be covered under the rule.



How can I use this rule?
Reports of cases where shoppers have used the EU rule to get refunds suggest that even senior staff at stores may be unaware of it, so be prepared for some blank faces if you need to use it to argue your case. But eventually, after referring the complaint to legal teams, the stores have coughed up.
Use this checklist to see if you need to use the EU rule: • The goods were purchased no longer than two years ago
• The store will not provide a refund or repair because you are returning the item after their return period has ended, usually one year
• You are reporting the fault within two months of discovering it
• The goods show no signs of damage through your actions or misuse.


The best advice is to print off the EU rule and take a copy with you. If staff fail to recognise it, ask them to take your details and report your complaint to their bosses. Take a note of the names of any staff you speak to and explain that you will contact them again soon for a response. If you still can't get a resolution, the Small Claims Court procedure provides the means to bring a claim, for up to £5000 (in England and Wales), at low cost and without the need for a solicitor. Your local Citizens Advice Bureau can advise on how to make a claim, and we have a template letter to help you make a claim if it comes to it.