Failed TV from Tescos and they wont match with an equivalent item

mantastra

Having hassle with tesco's and my wofe suggested I ask on here for some advice.

In October last year we bought 2 TV's, a DVD player and some phones for our new house in one hit at Tesco's. We had just moved so were kitting out the house. Anyway, the TV's were part of a deal they had on at the time, and we got a 24" TV/DVD combo for £160. A very good deal, however last week the TV went wrong and we remembered Tesco give you a 1 year warranty.

We found the receipt and contacted the number on it for defective items. The man on the phone went through various checks and in the end agreed the TV was defective and gave me a store code and returns number and told me to take it back to the store we bought it from to get a replacement item or refund.

Great, we thought, get a new TV, but no, not with Tescos apparently. We took the TV back and advised we wanted a replacement, we had already had a nose about and knew there was nothing on sale at the same price with a better spec so were happy to just get a new TV. the lady on the desk was very helpful but said they no longer made that model. Ok, I said I was happy for a similar item, to which she started listing TV;'s costing £160. These were only 19", not 24" like the one we had. I pointed out that I felt they should replace like for like as if they had had the same TV in stock they would have given me it even if it had gone up.

Anyway they would not back down and in the end I walked out with a 22" TV costing £160 that they had 1 left of. I was still not happy but did not want to just accept the cash back. I emailed the customer support on the Tesco's web address saying how disappointed I was etc. and how I felt their stance was wrong.
Tonight I got a call back......

No apology for the failed tv, no understanding, the man on the phone was straight on to the offensive. I was wrong, why did I think I should get a TV worth more?? I said it wasn't the value that was the issue, I wanted an item of equivalent spec. He was having none of it, talking to me as if I was trying to rip Tesco's off. I pointed out that if I bought a can of Tesco's beans on their online shopping theyd give me a can of heinz beans if they were out of stock of their own brand for the same price. His response.... "I'm not trained on that side of the business..." but he's customer support!!!

I tried to reason with him but it was a waste of time, i was getting more and more riled and long stints of silence from him and me were not helping so before I lost it and started swearing I said I wasnt wasting my time any more and that I would take it higher and hung up.

So, apologies for the long saga but where do I stand? What are my actual rights? I strongly believe that if something fails I am within my rights to expect a replacement of a similar specification, and the fact I bought it on a deal should not be a factor in to it. It was not a 'clearance item' it was a week when Tesco's were doing a load of electrical deals. What ever the answer, I still intend to take it higher as I feel their customer service has been appalling. The shop staff were polite but the manger/ Supervisor advising them over the phone never bothered to come and talk to me face to face, and the person on the phone treated my like I was a crook. I have been polite to all the staff I have spoken to, when I could have easily started throwing a few expletives about, I just wish I'd taken the name of the person who called!

Can anyone tell me what my actual rights are?

shaun_from_Africa

Tesco were legally correct in their actions.

The Sale of goods act states that they must offer either a repair, replacement or refund, and although the customer can state their preference, if their choice can't be given or is overly costly, then the retailer can refuse it and choose the remedy that they wish.

I pointed out that I felt they should replace like for like as if they had had the same TV in stock they would have given me it even if it had gone up.

They may have done, but they wouldn't have been legally obligated to.

vyle

To be fair, a Technika tv (for instance) at 24" with a dvd player will be of inferior quality to a sony 24" with DVD player. Sony only makes one model like that, btw, because most decent brands steer well clear of integrated DVD players because, as you have seen, they are unreliable.

A tv may be the same size and have a similar feature, but that doesn't mean that they are the same specification or quality. For instance, you're paying for the panel quality, speaker quality, picture processing engine, backlight quality, remote control, general build quality and the bezel styling.

If everything was identical, you might have a case, but if you're going on size and DVD integration, then you're missing most of the other aspects of a TV.

CoolHotCold

I pointed out that if I bought a can of Tesco's beans on their online shopping theyd give me a can of heinz beans if they were out of stock of their own brand for the same price. His response.... "I'm not trained on that side of the business..." but he's customer support!!!

If I knew every single procedure and process for the business I work for I would have to read manuals and train consecutively for several years, I know everything I need to know day to day (and rather a lot more than I should) and can find out what I don't know relatively easily. Business compartmentalise, its standard procedure, I'm not sure what you are expecting except someone who knows everything.


Shawn is right

Tesco were legally correct in their actions.

The Sale of goods act states that they must offer either a repair, replacement or refund, and although the customer can state their preference, if their choice can't be given or is overly costly, then the retailer can refuse it and choose the remedy that they wish.

They did everything required by Law. I would of taken the money as you can find several deals now for £160 with TV/DVD combo elsewhere. If you were not happy, vote with your feet.


I am always a little surprised people complain to customer services or even call customer services expecting one thing when not knowing your rights. Always bothered me there wasn't any sort of Consumer/Financial advice given at school. I mean in my last few years at high school you could of fitted in a Consumer/Financial pretty much anywhere in the timetable with all the free periods. I probably would of hated it back then, but it would of been useful as far too many people either are not aware of their rights, or are incorrectly stating them causing customer services issues when they refuse to back down.

bris

Maybe you should have asked here first before you abused the poor guy on the phone, it was him who couldn't reason with you, if you had maybe you wouldn't have wasted his time.

Soapn

If the item isn't there, shouting at them won't make is suddenly appear. I do wish customers would use their brains, and manners if they have them. I would have taken the cash back and bought at another shop, it isn't rocket science is it?

unholyangel

Also just to point out that even though it is not entirely commonplace for the short time frame involved......Tesco could have deducted money from the refund to take into account 3-4 months use you have had of the item.

I'm sorry but we often see people on these boards who have demanded to have "their rights" upheld by a retailer only to come here and find out that the shop were going above and beyond their legal obligation.

Its always a good idea to remain polite and gracious when dealing with retailers as this will often you get further than making demands. By all means find out what the retailers stance is, then find out your rights and whether you they are giving you more or less than afforded to you by law. If you dont get any luck speaking face to face/over the telephone.......put it in writing.

mattyprice4004

....facepalm.

I bet they had a right laugh about the call at lunch time, by any chance did you mention the Sale of Goods Act?

If they offered you a refund, that's ALL they have to do. They don't have to give you an equivalent.

Personally, if you started swearing at the poor guy on the end of the phone because YOU didn't know what you were talking about, I hope the company you purchase the next TV from goes bust and you're left without one at all.

pulliptears

I think everyone else put it succinctly enough.

Swearing at customer service staff is NEVER acceptable.

tomwakefield

mantastra wrote: »

Having hassle with tesco's and my wofe suggested I ask on here for some advice.

In October last year we bought 2 TV's, a DVD player and some phones for our new house in one hit at Tesco's. We had just moved so were kitting out the house. Anyway, the TV's were part of a deal they had on at the time, and we got a 24" TV/DVD combo for £160. A very good deal, however last week the TV went wrong and we remembered Tesco give you a 1 year warranty.

We found the receipt and contacted the number on it for defective items. The man on the phone went through various checks and in the end agreed the TV was defective and gave me a store code and returns number and told me to take it back to the store we bought it from to get a replacement item or refund.

Great, we thought, get a new TV, but no, not with Tescos apparently. We took the TV back and advised we wanted a replacement, we had already had a nose about and knew there was nothing on sale at the same price with a better spec so were happy to just get a new TV. the lady on the desk was very helpful but said they no longer made that model. Ok, I said I was happy for a similar item, to which she started listing TV;'s costing £160. These were only 19", not 24" like the one we had. I pointed out that I felt they should replace like for like as if they had had the same TV in stock they would have given me it even if it had gone up.

Anyway they would not back down and in the end I walked out with a 22" TV costing £160 that they had 1 left of. I was still not happy but did not want to just accept the cash back. I emailed the customer support on the Tesco's web address saying how disappointed I was etc. and how I felt their stance was wrong.
Tonight I got a call back......

No apology for the failed tv, no understanding, the man on the phone was straight on to the offensive. I was wrong, why did I think I should get a TV worth more?? I said it wasn't the value that was the issue, I wanted an item of equivalent spec. He was having none of it, talking to me as if I was trying to rip Tesco's off. I pointed out that if I bought a can of Tesco's beans on their online shopping theyd give me a can of heinz beans if they were out of stock of their own brand for the same price. His response.... "I'm not trained on that side of the business..." but he's customer support!!!

I tried to reason with him but it was a waste of time, i was getting more and more riled and long stints of silence from him and me were not helping so before I lost it and started swearing I said I wasnt wasting my time any more and that I would take it higher and hung up.

So, apologies for the long saga but where do I stand? What are my actual rights? I strongly believe that if something fails I am within my rights to expect a replacement of a similar specification, and the fact I bought it on a deal should not be a factor in to it. It was not a 'clearance item' it was a week when Tesco's were doing a load of electrical deals. What ever the answer, I still intend to take it higher as I feel their customer service has been appalling. The shop staff were polite but the manger/ Supervisor advising them over the phone never bothered to come and talk to me face to face, and the person on the phone treated my like I was a crook. I have been polite to all the staff I have spoken to, when I could have easily started throwing a few expletives about, I just wish I'd taken the name of the person who called!

Can anyone tell me what my actual rights are?

Original post quoted for posterity. Just in case.

tomwakefield

mantastra wrote: »

... so before I lost it and started swearing I said I wasnt wasting my time any more and that I would take it higher and hung up.

....I have been polite to all the staff I have spoken to, when I could have easily started throwing a few expletives about...

As it stands, Tesco have more than met their obligations to you. You were relying on goodwill if you wanted something more and, by swearing at customer service, you may have shot yourself in the foot, somewhat.