M&S TV Warranty - What is 'nearest equivalent'?

SuperSave86

Hi,

I bought a TV from M&S in the sale a month ago. This was a top spec 3D TV that had been significantly reduced in the sale.

Unfortunately the TV also was faulty on arrival so I got an engineer to look at it under the warranty. It has come back two weeks later and still not fixed.

I rang up M&S and they said under the warranty they would only exchange based on the price I paid, not the specification of the TV.

On their website it says they will exchange for the 'nearest equivalent'. However a 'price for price' exchange would be nowhere near equivalent in terms of specification.

Do I have an argument to put forward given the wording of their warranty policy?

Kurtis_Blue

Yes I believe its quite clear that you do have a case, nearest equivalent clearly means spec.

However they should be within their rights simply to refund you the funds paid, which they may choose to do and that would probably equate to the same thing.

SuperSave86

I thought it didn't sound right about the price for price replacement. This is taken from their site:

'If a repair is not possible, we will exchange the product for a new one or the nearest equivalent. If we are unable to exchange we will offer a full refund.'

If it is demonstrable that there are suitable replacements on their website then surely this should mean they should offer the replacement, given that it can't be fixed. Or would them saying 'we can't offer an exchange because you bought this in the sale' be a sufficient get out clause for them?

Kurtis_Blue

Maybe you have an argument, maybe not, but the reality is if they will offer you a full refund then what are your options?
Take them to court to force them to provide a same spec higher price TV? its not going to happen, and even if you did under go that hassle I cant see it going your way, but thats just me.

http://www.which.co.uk/consumer-rights/sale-of-goods/how-to-buy-in-sales/returning-faulty-sale-goods/

Not saying its not worth a letter laying out your case but I think a full refund is a fair and just outcome.

SuperSave86

Kurtis_Blue wrote: »

Maybe you have an argument, maybe not, but the reality is if they will offer you a full refund then what are your options?
Take them to court to force them to provide a same spec higher price TV? its not going to happen, and even if you did under go that hassle I cant see it going your way, but thats just me.

Not saying its not worth a letter laying out your case but I think a full refund is a fair and just outcome.

It is fair in the sense of I paid X amount and got X amount back but their warranty policy wording should be made clearer.

I have also spent £250 on 3d glasses and a transmitter which are beyond the return time frame now...I would only be able to recoup this cost by trying to sell them for as much as I can get for them.

I agree though that M&S CS are unlikely to agree with me, the little man against the corporation is always going to end one way.

djohn2002uk

I would sugest that there is no way you can expect any company to supply you under warranty with any apparatus or piece of equipment that is going to cost them significantly more than you paid them in the first place. That would put any small retailer on the straight road to becoming bankrupt.
As an aside, I bought a 40" Sony from them last July with a 5yr warranty and Sony sent a software update via the satellite which messed up the main board. M&S couldn't have done anymore for me and rang every few days with progress reports and two calls after the set was returned to check it was still OK. So I think their CS is one of the best there is.

SuperSave86

djohn2002uk wrote: »

I would sugest that there is no way you can expect any company to supply you under warranty with any apparatus or piece of equipment that is going to cost them significantly more than you paid them in the first place. That would put any small retailer on the straight road to becoming bankrupt.
As an aside, I bought a 40" Sony from them last July with a 5yr warranty and Sony sent a software update via the satellite which messed up the main board. M&S couldn't have done anymore for me and rang every few days with progress reports and two calls after the set was returned to check it was still OK. So I think their CS is one of the best there is.

Ordinarily I would not have expected them to replace for something greater than the original cost, however their policy wording should be changed so as not to be so misleading.

Had they still had my TV in stock but had returned its price back to the RRP would you expect them to refuse me an exchange also?

I can't complain with regard to the level of customer service from M&S as it has been ok thus far, no queues and reasonably informative assistants.