Plasma TV delivered with smashed screen

trashbashcash

Hi MSE,

I recently purchased a plasma TV and it was delivered while I was at work. When it came round to unpacking it I discovered the screen was cracked. I've taken some photos and repacked it into the box.

Two questions:
1) Am I within my rights to ask for a full cash refund as opposed to a replacement?
2) Are there any steps I should take to ensure that I am absolved of all responsibility?

The damage is behind the glass screen itself - I'd estimate that the set was damaged at some point in transit.

Thanks for any feedback.

nearlyrich

The usual starting point for a damaged in transit claim against the courier is the signature, if it was signed for in good condition the chances of getting them to replace it diminishes. Was it signed for? was the box damaged?
The retailer can claim off the courier if they dropped it or squashed it but if they have a signature they will deny the claim. Can you prove you didn't drop it getting it out of the box or whatever?

trashbashcash

1. It was signed for - the box was sealed and undamaged. I didn't sign for it personally (a friend did) but if I was there I would have signed for it.
2. I'm not able to prove I didn't cause the damage.

This is starting to get a bit worrying.

nearlyrich

trashbashcash wrote: »

1. It was signed for - the box was sealed and undamaged. I didn't sign for it personally (a friend did) but if I was there I would have signed for it.
2. I'm not able to prove I didn't cause the damage.

This is starting to get a bit worrying.

I really hope you get this sorted but can I advise that you take a picture of the TV and the packaging and when you contact the retailer explain calmly that it wasn't apparant from the packaging that the TV was damaged. Don't get stressed and start shouting and you will probably have more chance of getting a result than if you go in all guns blazing.

trashbashcash

Thanks for the advice.
So I presume insisting upon cash over a replacement is not a good idea? To be honest I've had a change of heart but I think it will be better to get a replacement, try it out for a bit and then if I don't like it take the hit and sell it.

I can see sympathy with retailers/couriers on this - too often people will drop the TV when trying install it and then try and blame that back on the supplier. I suppose as well there's nothing to stop a person from picking up a broken TV from eBay/similar and then pulling a fast one on the retailer; anyway - that's a bit off topic.

trashbashcash

Two useful links for future readers:

"Just because you sign a delivery / satisfaction note, or agree to a manufacturer’s repair, it does not mean you have accepted the goods, and are waiving your right to return them at a later date."
whatconsumer.co.uk/my-responsibility/

When you buy something from a shop you are entering into a legally binding contract. Therefore they don’t have to give you a refund simply because you have changed your mind.
whatconsumer.co.uk/do-shops-have-to-give-me-my-money-back/

Mark_Hewitt

When you sign you are merely saying that you've accepted *delivery*. This is no different than walking out of a shop with a product.

No, you are not entitled to a full refund. You are entitled to a remedy of the situation, which is a replacement TV.

However, if you bought online and it's still within 7 days, you can return the item and ask for a refund under the DSR.

trashbashcash

Thanks Mark.

I was initially worried about absolving myself of any responsibility, and this appears to be fine. I think assuming the matter is reported in a timely manner (i.e. next working day) they'd have to try very hard to absolve liability.

Understood about rights under the DSR, although not sure if they'd be applicable in this case?

4743hudsonj

Mark_Hewitt wrote: »

When you sign you are merely saying that you've accepted *delivery*. This is no different than walking out of a shop with a product.

No, you are not entitled to a full refund. You are entitled to a remedy of the situation, which is a replacement TV.

However, if you bought online and it's still within 7 days, you can return the item and ask for a refund under the DSR.

Incorrect, the Sale of goods act allows reasonable time for a consumer to fully reject the goods and claim a full refund before the standard repair/replace/refund remedies kick in.

Thiis would be akin to walking out the shop with the tv, this would be the signning stage, and then getting home and finding its smashed.

Your rights dont diminish from signing for delivery and they shouldnt use this to deny a claim as its not enough to waiver your statutory rights.

OP get on to them and ask politely first but if they dont play ball, state the sale of goods act 1979, and that it allows a "reasonable time" to "reject" the goods for a full refund or replacement at your discretion after purchase. And that signing for delivery merely shows you received it and any statements on it cannot overwrite your statutory rights.

Also DSR wouldnt really be the correct law to apply as it only becomes useful when goods are undamaged. SOGA is what the OP should be using.