TV Delivered with a broked screen - Refusing a return

shaun_from_Africa

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.

Even though the buyer is expected to take reasonable care of the goods, the retailer can't refuse to give a full refund if this is not the case.
If the buyer returns them used or damaged, or even fails to return them at all, they are still legally entitled to a full refund.
It is then up to the retailer to attempt to get recompense from them for the damage.

From the OFT.

Can I withhold a refund if a consumer fails to take
reasonable care of the goods?

3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give consumers an unconditional right to cancel a contract and legally oblige you to refund all sums due in relation to the contract as soon as possible after the consumer cancels, and within a maximum of 30 days. The DSRs do, however, give suppliers a right of action against consumers for breach of the statutory duty to take reasonable care.

gordikin

The problem is that it was delivered last thursday and the OP has only just noticed 4 days later there is a 1.5" crack. From the retailers point of view damage that could have happened in OP's home

shaun_from_Africa

In which case they will stil have to refund for the TV and then take legal action to recover their losses.
Irrespective of when, where & how the crack hapened, the DSR's entitle the OP to a full refund.

CoolHotCold

shaun_from_Africa wrote: »

In which case they will stil have to refund for the TV and then take legal action to recover their losses.
Irrespective of when, where & how the crack hapened, the DSR's entitle the OP to a full refund.

Apart from not if the consumer hasn't taken reasonable care. The retailer in this case is refusing a refund on the DSR (and is well within their rights) as they say its the consumer thats caused the damage.

halibut2209

CoolHotCold wrote: »

Apart from not if the consumer hasn't taken reasonable care. The retailer in this case is refusing a refund on the DSR (and is well within their rights) as they say its the consumer thats caused the damage.

Shaun has quoted the OFT saying that they are NOT within their rights!

neilmcl

CoolHotCold wrote: »

Apart from not if the consumer hasn't taken reasonable care. The retailer in this case is refusing a refund on the DSR (and is well within their rights) as they say its the consumer thats caused the damage.

That's totally wrong. The retailer cannot withold the refund under the terms of the DSRs for any reason! If they believe the buyer has caused the damage then they have to take a separate action for the breach of statutory duty.

shaun_from_Africa

In fact the OFT go even further, and they clearly state that a refund must be given even if the purchaser of the goods has not returned them to the retailer,

Whatever the retailers T&C's state and whatever condition that the goods are in, perfect, damaged, or even missing, the DSR's require that the refund must be provided within 30 days of the buyer requesting this.

The OP could have taken a sledgehammer to the TV, and even if he informed the retailer of this fact, the law states that he must still be refunded in full if the contract was one for which the DSR's were applicable.
Whether legal action is taken to recover the cost of the TV after the refund has been given is then up to the retailer to decide.

George_Michael

The retailer in this case is refusing a refund on the DSR (and is well within their rights) as they say its the consumer thats caused the damage.

The seller is not within their rights and is acting illegally.

If the quote above was correct, then all any dodgy retailer would have to do to avoid refunding under the distance selling regs is to claim that the goods were damaged when returned.
To avoid this happening, the seller must refund then has to prove that the purchaser damaged the goods.

CoolHotCold

Sorry I was wrong, I just assumed that what I was saying was right.

ged1980

Outpost wrote: »

Broked? Really!?

Do you have to pick up on the way people speak or spell?

Ok people may not be as bright as you but there is no need to be the smart !!!?




Sorry it just gets on my man boobs when i see it people need to understand not everyone is as bright as them


Rant over