TV issues - Rights with a Freebie

markthompson32

Recently purchased a Samsung ue46d7000 (within 30 days) and am not happy with the picture, it has very noticeable clouding effect and when room is dark it is really intrusive making the right hand of the screen noticeable brighter than the left and you can really obviously see one of the edge LEDs on the bottom 'torchlighting' up the screen. When speaking to the retailer Richer Sounds they state this is not going to be a fault and is a known feature of edge lit led tvs (wasnt mentioned on any feature list I saw ), seems to be common and variable in its impact looking on the forums, I believe mine is at the worse end of the scale and therefore I should be entitled to a refund or at the very least a replacement set, is that correct??


Also to add insult to injury the 'free' Samsung tablet that should have come with the tv but was delayed I have now been told is likely to never come due to Samsung manufacturing problems. The man who called said as it was a 'free' item promotion that I am not entitled to any recompense if they cant supply it, surely this is not correct, on the receipt the item has an RRP of 249.99, what can I expect here, it was one of the main reasons I bought the TV from the retailer, surely they cannot fail to provide the item and offer no recompense? Any advice?I am not at all happy with this retailer and it feels like they are deliberately trying to mislead me with respect to my consumer rights, is that correct?

bod1467

Did you purchase instore, by phone or online?

As regards the tablet - this formed part of the contract of sale. As such they must supply it, offer a refund commensurate to the value, or allow you to return the TV and refund your purchase cost. By not supplying an item that was part of the contract then they have breached the contract.


All IMHO of course.

markthompson32

bod1467 wrote: »

Did you purchase instore, by phone or online?

As regards the tablet - this formed part of the contract of sale. As such they must supply it, offer a refund commensurate to the value, or allow you to return the TV and refund your purchase cost. By not supplying an item that was part of the contract then they have breached the contract.


All IMHO of course.

Purchased by phone, but paid instore so I couldnt go back under the 7 day distance selling, I dont think.

They are arguing the item has no value as it was a promotional item therefore if they cant supply it I get nothing back (they have offered 2 pairs of glasses instead, but at an RRP of 99 that is nowhere near fair recompense for somethign with an RRP of 249 so I refused). Although it is on my receipt with a value albeit further down that value is deducted under the deal they did me on the bundle. I cant believe that is the case otherwise they could sell a remote control with a 'free TV' and then neglect to supply the TV leaving you with an expensive remote decribed that way ot makes no sense so my situation is similarly nonsensical..

will I be unreasonable if I demand a refund?

somethingcorporate

No, I think that is quite a reasonable request given the situation as you describe.