Reasonable time?

Barney12_3

Hi All

I have had the misfortune of buying a LG 32" LCD TV from https://www.pixmania.co.uk.
It stopped working on Christmas day after only a few hours of use :-(
Pixmania have agreed to collect it but have emailed me saying the following (Reprinted below) surely this length of time is unreasonable and in fact my contract is with THEM not the manufacturer?

Comments/help appreciated.

Thanks

Rob

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Dear Rob

Offc ourse we can arrange for a delivery courier to pick up your item but please be aware that: when a product is returned because of a fault, whether it is to be a refund, an exchange or repairs, it must go to the manufacturer or to an authorized repair center for a technical inspection. The purpose of this technical inspection is to establish what happened to the returned product. Unfortunately, in the past some people have returned items claiming they had never been used or saying that they had simply broken down when in fact the product had been tampered with / dropped / subject to misuse.

We apologise that we have to put you through this check, which has now become a standard routine, but we have no other option: the manufacturer is the one who agrees/disagrees to replace the product. Therefore, the return must be submitted to the manufacturer for the "green light", so to speak... If it makes it through their technical inspection then they agree to exchange. If so, we can also refund if that option was chosen/open to you. If, however, it does not make it through the technical inspection, you will be issued with an estimate for refund or you will be refunded only a fraction of the value of the new item.

I agree that the manufacturers generally take a rather long time to perform this technical inspection, and it is very hard to speed things up in any way, but it is a compulsory move (and, incidentally, is also mentioned in our Terms & Conditions).

We expect a delay of approx 1 month from the date we received your goods here.
Please accept our apologies for the delay and for the incurred inconvenience.

Best regards
Team Pixmania

CFC

Your other option is to reject it under the 7 day distance selling regulations, but this is likely to mean (check their terms and conditions) that you lose out on the delivery charge and also have to pay to have it returned.

In this email, Pixmania is not saying that your contract is with the manufacturer. They are saying that they reserve the right to determine that the set is faulty and explaining how they will do this.

Another option for you is to call the LG helpline, explain the problem to them and see if they will give you the go ahead to return the set, ie a returns number to give to Pixmania. This may well speed things up as they may be able to determine over the phone whether the set is faulty. Some manufacturers will do this, and others won't.

misgrace

The bought from the shop, there you had a contract as such with the shop.
They should replace or lend you another TV till yours is sorted out,under the trades description act, your TV is not fit for the purpose it was bought for, therefore the onus lies with the shop.

Let them send it back, but tell them to give you a replacement in the meantime.

I had similar bother with a hoover, I took it back , they said I had misused it :eek: 'how the hell can you misuse a hoover 'I asked, 'when all you do is go forward and backwards', I made them give me a replacement as I spouted off the 'not fit for the purpose' act, and I got it.

CFC

Pixmania is not a shop, it's an internet site - though I do believe they have a pick up location- not sure if it is a shop - in London. I am assuming you bought it over the net or by phone, in which case the Distance Selling Regulations apply.

They do not need to lend you one or replace it immediately if their terms and conditions say that there will be a delay while they establish that it's faulty rather then merely returned as unwanted. Returned as faulty will be under the Sales of Goods act that you referred to, misgrace. All shipping charges would then have to be paid by Pixmania.

You should not have to get a returns number off LG, and under your consumer rights you do not have to, but with complex bits of kit like lcd tvs it's a good idea to if you can. It just speeds things up.

Quite frankly, you would be better in my opinion to return it as unwanted and bite the bullet on the delivery charges or get a returns number off LG. A month is a long time to wait, be aware that a month appears to be the standard repairs turnaround time for LG from posts in av forum.

Mikeyorks

CFC wrote:

Pixmania is not a shop, it's an internet site

Quite right ... and they're also based in France, just to complicate the issue. Not renowned for their Customer Service either ..... if you read their feedback profiles on the 'shopbot' sites that include them.

They are saying you need to contact the manufacturer ... as here in their 'how to return faulty goods' from their FAQ's. But be pleased it's not in the 2nd year - which implies a trip on Eurostar! Could be nice going to Paris - but not with a 32" TV on your lap?

http://www.pixmania.co.uk/uk/uk/faq-7-4--where-do-i-send-my-faulty-producty-.html

JennyW_2

is it worth ringing your local tradings standard office for advice?

I did this recently over a problem with an internet site. They were very helpful and informed me of my rights. This gave me more ammunition when I spoke with them.

nearlyrich

They are owned by Dixons Stores Group...

Mikeyorks

nearlyrich wrote:

They are owned by Dixons Stores Group...

I think that might not be wholly reassuring to the OP???? :-

http://www.munsplace.com/blog/2006/04/14/dsg-international-buys-fotovista/

...... I didn't write the article - but it is accurate I'm afraid. I tend to put Pixmania in the same category as the late, but unlamented, Tiny (Time) Computers. Regrettably the Internet, whilst introducing wonderful choices for the consumer, has equally introduced a lot more pitfalls for the unwary. And doing a bit of research into the provider / putting all purchases on a Credit Card .... is mandatory.

yummymummy79

Just to clarify, not the Trade Descriptions or Fit For Purpose Act, it's actually the Sale of Goods Act which does mentioned fit for purpose, but it's mainly 'satisfactory quality' that is the main one.

Technically the Distance Selling Regs will apply, but it is supposed to be used before you actually start using the item so whether that would work 100% I wouldn't like to say.

Also, reasonable time for repair is against Pixmania under Sale of Goods rights, so if you decided to try LG directly under the guarantee, you will be stuck with whatever timescale is in the T&Cs of the guarantee.

Barney12_3

Thanks for all the tips guys. I'm going to call LG on Tuesday and see what happens.

I am also going to photgraph the unit before its picked up as I have little faith in their chosen carrier Parcel Farce :rolleyes:

Thank heavens I did pay for it on my credit card.

Rob