Only offered partial refund

allanmartin

Hello

Long story short.... I bought a TV from a major high street shop who offered a 5 year warranty. After just over one year, the TV developed a fault with the frame and was starting to separate. I called the shop right away, who sent a repair company round. They took the TV away, assessed the TV and said that it could not be repaired as it was a known fault with the product.

The shop then called me and said that they would replace the TV or give me a refund. I asked for the refund as it suited me better at the time. I paid £699 for the TV and they said that as it was one year old they would only refund £599. Since then I've been told that that is illegal as the product was sold and not fit for its purpose and I am fully entitled to a full refund. I wrote to the shop and presented them with articles from the BBC. They have replied saying....

"This refund policy is line with the Sales of Goods Act (1979) and the various European Consumer Directives governing the refund or replacement of items in cases such as yours."

What is the truth? And what direction can I point the shop in?

Many thanks in advance,

Al

OlliesDad

allanmartin wrote: »

Hello

Long story short.... I bought a TV from a major high street shop who offered a 5 year warranty. After just over one year, the TV developed a fault with the frame and was starting to separate. I called the shop right away, who sent a repair company round. They took the TV away, assessed the TV and said that it could not be repaired as it was a known fault with the product.

The shop then called me and said that they would replace the TV or give me a refund. I asked for the refund as it suited me better at the time. I paid £699 for the TV and they said that as it was one year old they would only refund £599. Since then I've been told that that is illegal as the product was sold and not fit for its purpose and I am fully entitled to a full refund. I wrote to the shop and presented them with articles from the BBC. They have replied saying....

"This refund policy is line with the Sales of Goods Act (1979) and the various European Consumer Directives governing the refund or replacement of items in cases such as yours."

What is the truth? And what direction can I point the shop in?

Many thanks in advance,

Al

The shop is correct. The can make deductions for any time that you have had the unit. By offering you a refund of £599 they are saying that they feel the TV should last 7 years which i think is very reasonable.

Amistoso_2

yes, I agree with olliesdad, they are within their rights to offer a partial refund taking into consideration the legnth of time you have had the TV

cyberbob

What evidence do you have that the TV wasn't fit for purpose? They offered a replacement why didn't you accept that?

neilmcl

Standard 5 year warranty for a TV, sounds like John Lewis to me. You've been treated very fairly.

allanmartin

Thanks everyone. Seems that I am wrong and they are right. Oh well.

Cyberbob : The TV was not fit as it was starting to fall apart. Given a few more weeks and the TV would have been in two different parts ;-). I didn't take the replacement TV as we were moving house, and I thought it was smarter to take the money and buy a new TV when we moved.

Yup - its John Lewis

neilmcl

You only ever be entitled to a full refund under the Sale of Goods Act, if the fault was discovered within a reasonable period and which you point you can fully reject the item. Although a "reasonable period" is not defined you'd be talking no more than 30 days for a TV that you'd be using from day one.

custardy

allanmartin wrote: »

Thanks everyone. Seems that I am wrong and they are right. Oh well.

Cyberbob : The TV was not fit as it was starting to fall apart. Given a few more weeks and the TV would have been in two different parts ;-). I didn't take the replacement TV as we were moving house, and I thought it was smarter to take the money and buy a new TV when we moved.

Yup - its John Lewis

bear in mind after 1 year it is more than likely you can replace the TV for the price refunded

Mankysteve

I must say ive never seen a even the cheapest TV fall apart like that without abuse. There very strict regs when it comes to making sure live electrics are not exposed. So what you've got is an fault that is inherent with the item as opposed to not fit for sale. As such there correct in the deduction.

The_Pedant

Out of interest, what does the terms of the 5 year warranty state for goods that cannot be repaired?

dmg24

Could you let us know which tv this is, in case someone else has the problem in future?