Faulty TV, what are my rights?

JPM239

I recently purchased a Digihome 32" TV from my local Currys. It cost £169.

It was bought on the 11/07/12, and 5 weeks later a fault appeared, making it unable to change channel. I brought it into the Currys store the next day as I was looking a refund, instead I was offered a repair or an exchange, which I find unacceptable. Should I take this to the small claims court? Or am I wrong to seek a refund?

McKneff

The law says that you are entitled to a repair, replacement or refund, it is the retailers choice I'm afraid. Obviously they are going to try the repair first as its the most cost effective.

That's it..

McKneff

JPM239 wrote: »

I recently purchased a Digihome 32" TV from my local Currys. It cost £169.

It was bought on the 11/07/12, and 5 weeks later a fault appeared, making it unable to change channel. I brought it into the Currys store the next day as I was looking a refund, instead I was offered a repair or an exchange, which I find unacceptable. Should I take this to the small claims court? Or am I wrong to seek a refund?

I'm curious as to why you are asking now, over a year later?

Has it not been resolved yet

bbelt

I think you will find it hard to reject the goods if you have used them for 5 weeks - usage of the goods for this amount of time would be consistent with acceptance of the goods.

Once acceptance has taken place then your rights to redress follow the course of repair/replace/refund are as McKneff says.

JPM239

Thanks for the quick replies, I didn't think it was the retailer's choice, obviously I was wrong, I guess I'll just go for the repair then.

McKneff

Dont count your chickens, they may well refuse if you have had it over a year, it may well be out of guarantee now

neilmcl

JPM239 wrote: »

Thanks for the quick replies, I didn't think it was the retailer's choice, obviously I was wrong, I guess I'll just go for the repair then.

Not so much the retailer's choice rather that the remedy they offer must not be disproportionate in cost in relation to any other and that it must not cause you a significant inconvenience.

shaun_from_Africa

I'm curious as to why you are asking now, over a year later?

they may well refuse if you have had it over a year

Where has the year come from?
The OP stated that they made the purchase in July this year. (11/07/12)

McKneff

Well, it says 2012 now, maybe I maybe mis read it but I;ll swear it said 2011 when I first read it.

My apologies if it was me lol

PurplePow

McKneff wrote: »

Dont count your chickens, they may well refuse if you have had it over a year, it may well be out of guarantee now

Doesn't matter under Sales of Goods Act. Even if it had been a year I don't count that as a reasonable amount of time for a TV to last. Mine developed faults just over a year after we bought it from Amazon. They tried to fob me off about warranty running out but once I quoted sales of goods act they got me a replacement TV (presume Amazon didn't want to bother with an attempt to repair).

shaun_from_Africa

Even if it had been a year I don't count that as a reasonable amount of time for a TV to last.

I don't think that anyone will dispute this, but as Currys have already offered to repair the TV, so far they have totally fulfilled their SOGA obligations.

What Amazon did for you went over and above their legal obligations, as they were entitled to ask you to prove that the problem with your TV was due to a manufacturing defect and wasn't down to misuse.