Very.co.uk

jebb

Hi, i bought a Samsung 42" HDTV from Very.co.uk and it got delivered Tuesday 6th April, since then the tv has been making a buzz/grinding sound and when i change the channel half the screen goes pink! So i phone very this morning and after telling them what is wrong they put me through to technical help and after telling them what is wrong again they said they would get someone to phone me back within 2 hours to see if they can fix it over the phone (What?) but i did some reserch and nearly everyone is having this problem with this model of samsung (Pheww). So what i would really like to know is what are my rights, can i say i dont want them to fix it or send me a new tv and just ask for the credit to put back into my account or am i stuck with a £500 tv that is annoying me? Thanks

neilmcl

You have the right to cancel outright under the Distance Selling Regulations which you have to do in writing, either letter or email, but you must do it now as you're running out of time. You have 7 working days from the day of delivery.

Bear in mind, depending on what their T&Cs say, you may have to pay for the return postage if you cancel as suggested.

Other than this, if the item is truly faulty then you have a right to reject the TV outright for a full refund, if you want, under the Sale of Goods Act. This has to be done within a reasonable period but I'd suggest you are still well within this.

drsquirrel

I decided to read through their T&Cs

Am I right that the T&Cs valid to the purchase must be displayed (or linked to) during the order process? (ie. the T&Cs on the bottom of their main page is not sufficient?).

I am looking now and it mentions nothing about DSR or Distance Selling Regulations (Consumer Protection (Distance Selling) Regulations 2000)

But it does mention "Financial Services (Distance Marketing) Regulations 2004"

You have the right to cancel this agreement under the Financial Services (Distance Marketing) Regulations 2004. This right to cancel ends on the expiry of fourteen calendar days beginning with the day after the agreement is concluded. You can cancel by sending or taking a WRITTEN notice of cancellation to Shop Direct Finance Company Limited, Credit Support Team, Aintree Innovation Centre, Park Lane, Netherton, Liverpool, L72 1LE. Fax Number 0844 822 4740. E- Mail [EMAIL="CreditAgreements@ShopDirect.com"]CreditAgreements@ShopDirect.com[/EMAIL]. If you intend to cancel, you should not use any goods you have under the agreement and you should keep them safe (legal action may be taken against you if you do not take proper care of them).

Because the item is faulty - they will have to pay for the return...

3.57 If the goods are faulty or do not comply with the contract, you will
have to pay for their return whatever the circumstances.

Their "Free Returns" section makes no mention of this either (just their own 14 day return).

Considering you have had it out of the packaging, it might be handy to know...

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.

Leanne1982

Hi Jebb,

I work for Very.co.uk and I'd like to help you get this matter sorted out. Can you send more details to us [EMAIL="network@veryhq.co.uk"]network@veryhq.co.uk[/EMAIL] and we'll forward your matter on to our Director's office.

Thanks

Leanne, Very.co.uk

neilmcl

drsquirrel wrote: »

I decided to read through their T&Cs

Am I right that the T&Cs valid to the purchase must be displayed (or linked to) during the order process? (ie. the T&Cs on the bottom of their main page is not sufficient?).

I don't think so, as long as it's available in a durable format.

I am looking now and it mentions nothing about DSR or Distance Selling Regulations (Consumer Protection (Distance Selling) Regulations 2000)

But it does mention "Financial Services (Distance Marketing) Regulations 2004"

I think you're looking at a part that deals with finance agreements.


Because the item is faulty - they will have to pay for the return...



Their "Free Returns" section makes no mention of this either (just their own 14 day return).

Considering you have had it out of the packaging, it might be handy to know...

......................

drsquirrel

Thanks Neilmcl - it did look a bit like that, but still nothing else on the T&C page regarding DSR, this is just the closest thing I could pick out so wanted to check if they could be construed as the same (since the guide for businesses also says that it may be beneficial to refer to DM).

a_confused_mum

i bought a 40" and the tv was ghosting but was told the same as you, had the techie guy ring and when they send someone out they jus tlook at it as they ned paperwork and they will send you a new tv as it's within 28days of ordering...if its after 28 then repair.

dont worry op they will send you a new tv, my problem was the one i ordered was out of stock grrr so ordered a different one.

drsquirrel

a_confused_mum wrote: »

i bought a 40" and the tv was ghosting but was told the same as you, had the techie guy ring and when they send someone out they jus tlook at it as they ned paperwork and they will send you a new tv as it's within 28days of ordering...if its after 28 then repair.

dont worry op they will send you a new tv, my problem was the one i ordered was out of stock grrr so ordered a different one.

I think OP doesn't want a replacement TV if they have this common issue... it might happen again next week, or in 12 months 1 day etc...

Also, replacement TVs sometimes are refurbished units - I wouldn't want to go from a 1 week old tv to a 3-4 month (example) tv that is second hand...