M&S TV rights

stevenhp1987

Hey,

Just a quick run-down of everything that's occured.

I paid for a TV online last week: http://www.marksandspencer.com/Full-HD-1080p-27-DVB-LCD/dp/B003EN3OZS

It states "Remote control and TV stand included". I assumed this meant an actual TV Stand. I threw my old one outside before expected delivery. Upon the delivery of the TV (today @ approx 12.30) I asked where the stand was, the driver said it was in the TV box.

I signed and he left. I opened it up, no sign of any flat-packed TV stand.

I assembled the TV, despite the listing stating "free installation", the driver said he wasn't going to do it. The TV is pixelated bad, with a few dead pixels (showing as red) and keeps "switching" to BBC1 seemingly randomly?!

I rung up and was offered an exchange TV. That's fine, hopefully going to show up tomorrow. I was told to ring a different department about the TV stand. The man I spoke to agreed that the listing clearly stated a TV stand and said I could send the product back for a full refund, if I pay a £100 administrative fee.

What are my rights. I would rather obtain a refund on the TV and buy one that I know won't be blurry with dead pixels than this one, but obviously a £100 fee for doing so is absurd as it's a faulty product with a misleading listing.

Bearing in mind, I leave for holiday on Friday and do not return until 1st July. So I have to do whatever within a couple of days.

Thanks for your time

robpw2

I can quite clearly see that there is a stand included its sits under the tv and keeps it up right rather then you screwing it to the wall , as there is no pictures of another stand i do no think you have been mislead
they are offering you a replacement then see what the replacments like before judging if you want a refund

stevenhp1987

The "stand" you are referring to is part of the unit and not mentioned at all in the manual etc. I thought the use of the word TV stand, meant an actual TV stand, not something to keep the TV upright, as that's given as a standard!

neilmcl

I'd agree about the stand, I read it as meaning the integral stand or pedestal the TV sits on, not a seperate cabinet. If you want a refund then you shouldn't have agreed to a replacement, if you still have time contact them again and refuse the replacement and demand a full refund instead, as is your right under the Sale of Goods Act. You should not have to pay any "admin" fee for a returning a faulty product.

KeithP

That webpage does give dimensions...

• H51 x W67 x D10cm (inclusive of stand)
• H47cm (excluding stand)
• Stand Width: 20cm

So you can see that the stand adds 4cm to the height.

Clearly not a floor standing cabinet type of thing.

isplumm

neilmcl wrote: »

I'd agree about the stand, I read it as meaning the integral stand or pedestal the TV sits on, not a seperate cabinet. If you want a refund then you shouldn't have agreed to a replacement, if you still have time contact them again and refuse the replacement and demand a full refund instead, as is your right under the Sale of Goods Act. You should not have to pay any "admin" fee for a returning a faulty product.

As he paid for it online, suggest he cancels via DSR - he has 7 days!!

Mark

isplumm

stevenhp1987 wrote: »

Hey,

Just a quick run-down of everything that's occured.

I paid for a TV online last week: http://www.marksandspencer.com/Full-HD-1080p-27-DVB-LCD/dp/B003EN3OZS

It states "Remote control and TV stand included". I assumed this meant an actual TV Stand. I threw my old one outside before expected delivery. Upon the delivery of the TV (today @ approx 12.30) I asked where the stand was, the driver said it was in the TV box.

I signed and he left. I opened it up, no sign of any flat-packed TV stand.

I assembled the TV, despite the listing stating "free installation", the driver said he wasn't going to do it. The TV is pixelated bad, with a few dead pixels (showing as red) and keeps "switching" to BBC1 seemingly randomly?!

I rung up and was offered an exchange TV. That's fine, hopefully going to show up tomorrow. I was told to ring a different department about the TV stand. The man I spoke to agreed that the listing clearly stated a TV stand and said I could send the product back for a full refund, if I pay a £100 administrative fee.

What are my rights. I would rather obtain a refund on the TV and buy one that I know won't be blurry with dead pixels than this one, but obviously a £100 fee for doing so is absurd as it's a faulty product with a misleading listing.

Bearing in mind, I leave for holiday on Friday and do not return until 1st July. So I have to do whatever within a couple of days.

Thanks for your time

Hi,

You say that you bought online, so you have 7 days under dsr to reject - you need to read the t&cs about whether you have to pay for sending it back - I am not sure whether you do under dsr?

Mark

dmg24

isplumm wrote: »

Hi,

You say that you bought online, so you have 7 days under dsr to reject - you need to read the t&cs about whether you have to pay for sending it back - I am not sure whether you do under dsr?

Mark

You do if it is stipulated in the terms and conditions, and it is.

isplumm

dmg24 wrote: »

You do if it is stipulated in the terms and conditions, and it is.

Thanks DMG24 .... here is the relevant page for the OP ... http://www.marksandspencer.com/Distance-Selling-Regulations-Returns-Refunds-Help/b/46490031

It says UPTO £100 - but why should you pay anything for a product that does not work ... if the OP rejects cause it doesn't work, then would he have to pay the return fee?

Thanks Mark

Mankysteve

Agreed with above when they say stand they mean the foot it has. I read the page as meaning that. Under DSR you've got seven days to refund you including delivery costs i believe.They cant charge any admin fees/ restocking fees.

dmg24

isplumm wrote: »

Thanks DMG24 .... here is the relevant page for the OP ... http://www.marksandspencer.com/Distance-Selling-Regulations-Returns-Refunds-Help/b/46490031

It says UPTO £100 - but why should you pay anything for a product that does not work ... if the OP rejects cause it doesn't work, then would he have to pay the return fee?

Thanks Mark

The product does work. The return fee only applies where the customer returns the item solely because they do not want it.