TV faulty after 8 months, what are my rights?

liam-smith_2

I bought a TV from Currys back in March/April time, when I got the TV home I noticed a dent on the metal on the back, I mentioned this to LG when I called the warranty line to activate my warranty, and it has been noted. My TV has started really bright in one corner, then extra dark and now is all washed out looking!
If I take it back, if they want to repair, I will be without a TV for Christmas!
Surely under the sales of goods act, Currys have to replace or refund legally? I wouldn't call 8 months a reasonable time for it to have gone faulty! Thought they may say store policy says they have to repair, surely the sales of goods act over rules store policy!

So I keep getting confused with all this, what are my rights? Also can you find anywhere it is written for me to print out and take with me?

Thanks in advance

wealdroam

For something to read, start here...

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

You will see in there that the Sale of Goods Act allows for a repair to be one of a number of suitable remedies.

McKneff

The retailer has th choice

Repair

Replace

Refund.

Full stop.

liam-smith_2

McKneff wrote: »

The retailer has th choice

Repair

Replace

Refund.

Full stop.

So its up to the store?

I dont really want the TV gone for repair and be without one over Christmas, am I entitled to a replacment or refund, even if I am only offered a repair?

wealdroam

liam-smith wrote: »

So its up to the store?

I dont really want the TV gone for repair and be without one over Christmas, am I entitled to a replacment or refund, even if I am only offered a repair?

You answer is in that article I linked to.

But simply...

Once the fault is deemed to be inherent, the retailer must provide a remedy which could be a repair, replacement or refund.
You, the consumer can choose the remedy, but you cannot force the seller to provide a disproportionately costly remedy. So in effectively, the seller chooses the remedy.

An inherent fault is a fault that was present at the time of sale but not necessarily apparent at that time.

The onus is on you to prove the fault is inherent.

Another MSE article well worth reading is How to Complain.

liam-smith_2

wealdroam wrote: »

You answer is in that article I linked to.

But simply...

Once the fault is deemed to be inherent, the retailer must provide a remedy which could be a repair, replacement or refund.
You, the consumer can choose the remedy, but you cannot force the seller to provide a disproportionately costly remedy. So in effectively, the seller chooses the remedy.

An inherent fault is a fault that was present at the time of sale but not necessarily apparent at that time.

The onus is on you to prove the fault is inherent.

I read the first article straight away, but I could find a clear yes/no to weather I can legally request and get a refund/exchange?

I will read the second now



(As I am a new user, I had to remove the link when quoting you)

wealdroam

This post, posted on another thread by shaun from Africa, may also be useful...

shaun_from_Africa wrote: »

The law (the SOGA) clearly states that once the consumer has accepted ownership of the goods (which is deemed to have occurred once a reasonable time to allow for inspection and testing has passed), any failure of the item can be dealt with by a refund/replacement or repair.
The customer can state their preference, but the retailer can choose a different remedy if the customers choice is too costly in comparison to one of the other options.

Keep pushing for a full refund or exchange, but always remember that the retailer is not legally obligated to give this so going in "all guns blazing" is unlikely to help you get what you want.

The retailer must also be given an opportunity to get the goods inspected to make sure that they haven't been damaged through misuse (I'm not implying that this is what happened here), and the easiest way for them to get this done is by the manufacturer.

Gunarysarge

Had this problem a short while ago with a TV purchased by my mother-in-law from Comet, Yes Comet:eek:
She took it back to the store and they insisted on a repair and said she would have the TV back within two weeks.

I thought this was unfair to leave her without a TV for that amount of time so contacted their customer support. I told them of the situation and the fact she was a pensioner and having a TV was very important to her.

Low and behold within 10 minutes had a call back from customer services, they said go back to the store and they will loan your mother-in-law a TV to use untill hers is fixed:j

The TV was a brand new one and of similar spec to hers.:)

So call customer service and see if they can do the same for you.

CoolHotCold

You can try that route mentioned above, but its unlikely to succeed, a TV is a luxury item and being without it for 2 weeks is not a significant inconvienve so it doesn't break the SoGA, so long as its repaired within 28 days there's no foul play.

If you really couldn't do without a TV, well they probably did offer you a service arrangement that would of provided a loan tv while yours was away being repaired, but I'm guessing you didn't take that option.


If you want it black and white, unless you're paraylised and tv is your primary mode of human interaction, you have no legal right to a refund or exchange after such a long period of ownership

paddedjohn

Although your contract is with Currys you may get a better response by calling LG direct, When i had a problem with my Samsung tv they sent an engineer to my house to repair it and when i had a problem with my cooker i again dealt directly with the manufacturer who also dealt with it within a week.

Hintza

You can always watch TV on your PC, Laptop, phone etc.