TV faulty within 28 days - company won't collect

On_The_Ball

Hi,

I bought a 60" Samsung TV on 29/12/12 from PRC Direct in Ilford for £1099. I hired a van to collect it as they were going to take an age to deliver (Standard Delivery is free) and I wanted it for the remainder of our Christmas break.

A couple of weeks in I hooked the TV up to my soundbar and found that there was a problem with the optical audio out socket (nothing but crackling coming out of the soundbar which works with other devices). I called PRC and Samsung and last week a Samsung engineer came out and confirmed it was faulty, and that I could either get it repaired or the retailer would have to refund/replace. I decided to get a refund.

I called PRC (still within 28 days) and explained everything, they said they'd get back to me. Three days later they did, and now they want £40 to collect it as I took it from them rather than let them deliver it - even though that would have been free! Surely they can't do this? Surely they're just trying it on to make a few quid?

Can anyone help? I really don't want to pay out for this, it's disgusting and not fair.

Thanks a lot, everyone.

:mad:

vuvuzela

Did you pay online or instore ?

On_The_Ball

Instore....

vuvuzela

If you paid instore an got your own transport, unfortunately there is no obligation for them to collect it from you. If you'd paid online and got them to deliver, you may have been covered by a free collection.

vaio

Nah, this is a SOG issue and I'd say the refund must be done without inconvenience or cost to the buyer.

Having said that, I'm guessing a considerable amount of money is involved so I'd pay the £40, get the refund and then chase the £40 if you CBA

Bongedone

All Samsung TV's over 37" are repaired in the home if possible.

My 42" had its screen replaced last week and they did not take it away.

http://www.samsung.com/uk/support/warranty/warrantyInformation.do?page=POLICY.WARRANTY

neilmcl

vaio wrote: »

Nah, this is a SOG issue and I'd say the refund must be done without inconvenience or cost to the buyer.

Having said that, I'm guessing a considerable amount of money is involved so I'd pay the £40, get the refund and then chase the £40 if you CBA

Interesting one this. Whilst it's true that the seller has to bear all costs whilst providing a remedy under the SOGA, these costs have to be fair and reasonable as well as the seller having to minimise their loss. For example, I could go into town, buy a pair of jeans take them home and discover they were faulty and under the SOGA I'd be entitled to a full refund. What I couldn't expect is for the retailer to have to come out and collect the jeans from me. Now whether we're talking jeans or a TV the principle is the same, I don't think it's reasonable, given that the OP collected the TV themselves, they should expect the seller to pay for the collection.

wealdroam

vaio wrote: »

Nah, this is a SOG issue and I'd say the refund must be done without inconvenience or cost to the buyer.

I'd agree if the retailer is providing a remedy under SoGA.

SoGA isn't so clear when it come to rejecting the goods, if that is what the OP is doing.

bbelt

If you collected it initially you should return it, is there any reason why you cant do this?

As the manufacturer has confirmed it is faulty you are entitled to redress. Whether you can reject it is another issue. Goods can be rejected within a 'reasonable' time. This is not defined in law and is often thought to be quite short. Ultimately, it could be defined by a Sheriff on the basis of each individual case.

I would encourage you to attempt rejection due to the timeframe. I hope the seller honours this.

On_The_Ball

The TV - even unboxed - won't fit into my car. I had to hire a van to collect it. Boxed, it's absolutely enormous. If I was able, I'd happily take it back.

They have accepted that it is faulty (as this was confirmed by a Samsung engineer in my home) and have accepted that they'll refund me. I began this within 28 days.

They would collect it for free if I'd used their delivery, which ranges from free to £30. They asked at the time whether I'd be buying another TV from them (I said I wasn't sure), which I think influenced this.

SuperHan

I think it's fair to say that the TV wasn't a huge inconvenience to buy, or you wouldn't buy it, you'd shop elsewhere. Especially if delivery was free, and it was more convenient for you to collect. Therefore, it's probably not a huge inconvenience to return. (Maybe per the retailer and per the eyes of the law, not necessarily the case)

You might have to take this to court to test, and you may win, but I don't think you're guaranteed to...