TV Delivered with a broked screen - Refusing a return

andrewnottingham

I had a Samsung Plasma TV delivered last Thursday from my Catalogue.

It wasnt until today that i noticed a small crack at the bottom of the screen.:mad:

The catalogue are now refusing to let me return the item on the grounds that it has been plugged in and used. They are saying my wife should have checked it on delivery for defects. She is pregnant and removing a 51" TV from its box on delivery would have not been a suitable task for her. The packaging was undamaged so the assumption was made that the TV would be undamaged inside.

Can anyone offer any advice on my rights concerning this?

Outpost

Broked? Really!?

Esqui

Your word against theirs, really. I'm surprised they didn't unbox the item for her on delivery. You will probably find that your wife will have signed for it being in perfect condition - though if she signed the delivery not as "unchecked", there might be more luck.

andrewnottingham

Yeah well and truly "BROKED" or maybe even broken, it has a crack on the screen measuring approx 1.5", its along the bottom of the screen.

deanos

Try ringing again and don't mention its been plugged in they if they collect make sure you reset it

T_T_2

Esqui wrote: »

Your word against theirs, really. I'm surprised they didn't unbox the item for her on delivery. You will probably find that your wife will have signed for it being in perfect condition - though if she signed the delivery not as "unchecked", there might be more luck.

Under the Distance Selling Regulations this is the only circumstance under which the OP might find a saving grace. As Esqui mentioned, if your partner signed something that clearly states that the goods have been checked and are in good condition then there is little recourse. If on the other hand a delivery note was signed that does not make reference to it being inspected OR your partner has indicated that she has not inspected it then DSR still applies.

CoolHotCold

T_T wrote: »

Under the Distance Selling Regulations this is the only circumstance under which the OP might find a saving grace. As Esqui mentioned, if your partner signed something that clearly states that the goods have been checked and are in good condition then there is little recourse. If on the other hand a delivery note was signed that does not make reference to it being inspected OR your partner has indicated that she has not inspected it then DSR still applies.

Aside from the fact the DSR state the consumer has to take reasonable care while the device is in their possession. And the catalog is saying you have damaged it, therefor you cannot return as you failed to take care of the item and we won't repair/replace because its accidental damage.

For future refrences either mark when signing as uninspected, or check it there and then, or order from a company that will actually recycle the packaging from the new system (as in the TV removed from the box and all packaging and you are just left with all manuals/remotes/hardware and they take all the box/plastics/foam/etc) KnowHow do this FOC if requested.

Zandoni

I'd ring them again and tell them that it was unreasonable for your wife to unpack and inspect such a large TV, My son had a plasma delivered recently and the driver insisted on checking the screen before he left.

Never take the word of the rep that you talk to first always insist on talking to a manager.

Jakg

What courier delivered it? Very few actually accept it as being "unchecked" (even though you write it on the paperwork).

Did they explain you had to check it the second it was delivered?

crittertog

Esqui wrote: »

You will probably find that your wife will have signed for it being in perfect condition - though if she signed the delivery not as "unchecked", there might be more luck.

According to the OFT, dependent upon the circumstances, that doesn't really matter - "For items being delivered, it is important for retailers to know that signing a delivery note is not acceptance as it does not allow the customer a reasonable opportunity to inspect the goods and identify any problems or faults."

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

If the OP wants a replacement, then it's up to the retailer to demonstrate that the goods weren't supplied faulty. Given the nature of the defect, the retailer may instead claim the customer had damaged it, in which case establishing the cause of the defect may be hard/impossible.

Mark_Hewitt

crittertog wrote: »

"For items being delivered, it is important for retailers to know that signing a delivery note is not acceptance as it does not allow the customer a reasonable opportunity to inspect the goods and identify any problems or faults."

Exactly. I can't believe retailers are still trying to pull this one! Oh you signed for it therefore you must have checked it. In reality it takes a good while to properly inspect a product such as a TV, the delivery driver will be there for a couple of minutes at the most!