Faulty TV on the first day, Currys wont pick it up?

deankenny

So i bought a 55" TV from a Currys store on the 19th May, i rented a vehicle so i could just pick it up. I get the TV home, all seems fine, until i put on Prometheus which is mostly "dark" scenes, and the screen is full of white patchy spots, light bleed at the bottom, and like torches shining in, on 3 out of 4 corners, but this in 3d and its so invasive the film is ruined.

So i spend the whole next day playing with settings, waited till night to see if it got better, it did not, so on the 21st May, i ring currys up to sort out my faulty item. They transfer me to the store i bought it from, who say i must bring it in, which is not possible, its not the fact that the store is over 30 miles away, its the simple fact i have no way of transporting the TV now. Quote from Currys website

"If you need to have your product collected (if it's too big or heavy to return to store) please call our Contact Centre on 0844 561 1234 and we will assist you."

But all they can assist me with is telling me i must sort out my own courier to get it back to store. Im not sure where i stand on a item worth over £2000 and of this size, they said to me if i bought it in store and got it delivered it would not be a problem, but because i picked it up they cannot help me, which i dont get, the store i got it from still get the money regardless of whether i get it delivered or take it with me.

Hope some people can help me, if it is down to me i will just have to sort out a courier, but if theres some sort of right i have that can save this extra expense then im all ears.

wealdroam

Are you saying the television is faulty, or just not as good as you thought it would be?

If it is faulty, you can reject the goods under Sale of Goods Act as not conforming to contract.
Tell Currys you are doing this and state that the tv awaits their collection.

On the other hand, if you have just changed your mind, then you will need to get the thing back to them.
Will they accept the tv back in this circumstance though?

deankenny

No i have not changed my mind, the TV is the sexiest thing i have laid eyes on (apart from the mrs of course )

I love the design the TV the features, the 3d everything.

Its just not fit for viewing, the white shadowey areas are so invasive it ruins films and general viewing, i hope you can see the pic attached, this was taken about an hour ago.

Dimey

If you cant watch the TV due to the white light bits its not "fit for purpose" so get it back to the shop for refund. You can always buy the same model elsewhere in good working order. If the shop won't collect, I'd ask a friend to give you a lift and return as soon as possible otherwise you may have problems that you left it too long.

deankenny

Dimey wrote: »

If you cant watch the TV due to the white light bits its not "fit for purpose" so get it back to the shop for refund. You can always buy the same model elsewhere in good working order. If the shop won't collect, I'd ask a friend to give you a lift and return as soon as possible otherwise you may have problems that you left it too long.

But my issue is the returning of the TV, i cannot easily get hold of a friend who can do this for me, and wanted to know do currys have any responsibility of getting the TV back to store or to warehouse or whereever it needs to go due to the size and nature of the product.

Your right its not fit for purpose i bought it to watch clear crisp 3d films, with this all over the screen it is not possible to enjoy a clear crisp 3d film the way it was intended to.

wealdroam

deankenny wrote: »

...wanted to know do currys have any responsibility of getting the TV back to store or to warehouse or whereever it needs to go due to the size and nature of the product.

Continuing from my earlier post...

As stated, The Sale of Goods Act gives you the right to reject the goods.

Section 35 of SoGA says (amongst other things)...

35 Acceptance.
(1)The buyer is deemed to have accepted the goods [F1subject to subsection (2) below—
(a)when he intimates to the seller that he has accepted them, or
(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.
(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract,...

Section 36 says...

36 Buyer not bound to return rejected goods.
Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

deankenny

wealdroam wrote: »

Continuing from my earlier post...

As stated, The Sale of Goods Act gives you the right to reject the goods.

Section 35 of SoGA says (amongst other things)...


Section 36 says...

ok im a little simple, and i may need that in lamans terms

When you say reject it and i await thier collection, but they still have my money and i still have the TV, what difference would it make when i have the item in my possesion and has been used for a couple of days, isnt me connecting it up at home etc technically me accepting it?

wealdroam

deankenny wrote: »

ok im a little simple, and i may need that in lamans terms

Ok, this is the important bit...

Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract

the difficult bit is that reasonable time is not absolutely defined, but the OFT sums it up nicely in a leaflet on SoGA by stating...

Q4. I know I can demand my money back within a "reasonable time" but how long is that?
The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account to be fair to all sides. The pair of everyday shoes may only have a few days before the period expires but a pair of skis, purchased in a Summer Sale, may be allowed a longer period by a court.

So I would say for a tv you certainly have longer to decide than for a pair of shoes.

deankenny wrote: »

isnt me connecting it up at home etc technically me accepting it?

No. It is you determining that it conforms to contract.

deankenny

wealdroam wrote: »

Ok, this is the important bit...

the difficult bit is that reasonable time is not absolutely defined, but the OFT sums it up nicely in a leaflet on SoGA by stating...

So I would say for a tv you certainly have longer to decide than for a pair of shoes.




No. It is you determining that it conforms to contract.

thats fantastic i understand now, so what steps do i take if they still insist on me having to foot out for the transport of courier or renting another vehicle to take it back.

Dimey

Hmm. Yes it seems to hinge on the fact that the shop didn't deliver to you so they are claiming you've got to get it back to them the same way you bought it. Seems somewhat unreasonable as they have vans delivering and collecting all the time. If you were complaining under the guarantee they'd collect it, wouldn't they? Maybe someone else knows for sure. Maybe start again on the phone tomorrow with a new person on the premise suggested above, that it doesn't work - come get it and don't get into how you got it home. There's bound to be a slight delay in getting your money back. Good Luck.

wealdroam

Forgot to say that "delivered to the buyer" does not mean that Currys needed to deliver the tv to you home.

Section 61 of SoGA tells us...

“delivery” means voluntary transfer of possession from one person to another.

In other words, "delivery" took place when the tv was handed to you in the shop.