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

lucy03

wealdroam wrote: »

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...

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

My reading of that is that, under the acceptance section of SOGA you mentioned earlier, the acceptance of goods by a customer is either by accepting a delivery or intimating to the seller that they accept them. Buying them in a shop and taking them away would likely be seen as acceptance, and so there would be no delivery element involved.

Personally I would try and get the item back as quickly as possible, by whatever means. Although I would also phone the manufacturer up just to check what warranty arrangements that they have, they might be willing to come and pick it up (as ultimately it'll probably end up back with them anyway). Although the retailer is legally responsible, sometimes the manufacturer is more helpful, and in situations such as this, that might be easier.

unholyangel

lucy03 wrote: »

My reading of that is that, under the acceptance section of SOGA you mentioned earlier, the acceptance of goods by a customer is either by accepting a delivery or intimating to the seller that they accept them. Buying them in a shop and taking them away would likely be seen as acceptance, and so there would be no delivery element involved.

Personally I would try and get the item back as quickly as possible, by whatever means. Although I would also phone the manufacturer up just to check what warranty arrangements that they have, they might be willing to come and pick it up (as ultimately it'll probably end up back with them anyway). Although the retailer is legally responsible, sometimes the manufacturer is more helpful, and in situations such as this, that might be easier.

Acceptance in SoGA refers to the period the consumer has for assessing the goods to see whether they conform to contract or not.

Usually you have at least one week although whats a reasonable time depends on the circumstances, product in question etc. Buying winter gear in summer may mean that a reasonable time is extended until winter.

Delivery of the goods for the purpose of SoGA merely refers to the passing of goods from retailer to consumer. It doesnt necessarily mean delivered to the consumer by courier.


SoGA is being changed later this year and they were talking about putting a minimum 30 day period for acceptance. Will be interesting if they do.

Jakg

lucy03 wrote: »

My reading of that is that, under the acceptance section of SOGA you mentioned earlier, the acceptance of goods by a customer is either by accepting a delivery or intimating to the seller that they accept them. Buying them in a shop and taking them away would likely be seen as acceptance, and so there would be no delivery element involved.

Personally I would try and get the item back as quickly as possible, by whatever means. Although I would also phone the manufacturer up just to check what warranty arrangements that they have, they might be willing to come and pick it up (as ultimately it'll probably end up back with them anyway). Although the retailer is legally responsible, sometimes the manufacturer is more helpful, and in situations such as this, that might be easier.

After a few days the OP will be getting an exchange / refund from Currys, whereas all the manufacturer will offer is a repair.

Hintza

deankenny wrote: »

the TV is the sexiest thing i have laid eyes on

That really is quite sad, I can almost see someone saying that about a nice sports car but a TV?

bris

Whats the TV like watching other tv sources, you say the blueray is patchy but what about the rest.

They do have the right to inspect it so you will have to get it back to them, if it turns out to be faulty they would have to cover your reasonable costs in doing this.

The reason they wont collect it is because of the loophole they are exploiting in SOGA in the fact it's not yet proved to be faulty according to them, so as far as they are concerened it they don't need to collect it.

You can read all day about your rights with faulty goods but until they agree they are faulty you will be at stalemate. Your word it's faulty is not good enough.

deankenny

Hintza wrote: »

That really is quite sad, I can almost see someone saying that about a nice sports car but a TV?

But who are you to judge what someone likes in their life, bit of a immature comment to make to be honest.

The design of the TV is good looking, as many others agree, why should you judge them for liking the look of a product?

John_Jizzle

is it a Samsung by any chance - had similar issues with a D8000 (was a nightmare to return to Richer Sounds)

deankenny

Hintza wrote: »

I'm not judging you. I'm pitying you.

Well then you are pitying many by choosing products that look good, why live in a modern home then buy a £7.99 Currys essential toastie maker (i dont live in a bedsit), when you want it to look good with its surroundings you buy the stainless steel toaste maker.

To be honest i think your quite sad to even make a comment, some people here are genuinely trying to help me, which i really appreciate then you come in with a pointless comment not helping anybody but yourself.

Hintza

Wel, ek dink jy moet 'n groot TV om vel te klap in vrede!

derrick

Under the SoGA

PART 5A. ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES



48B. Repair or replacement of the goods

 
(1)If section 48A above applies, the buyer may require the seller—


(a)to repair the goods, or


(b)to replace the goods.


(2)If the buyer requires the seller to repair or replace the goods, the seller must—


(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;


(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).


So assuming it is faulty, then Currys should be footing the returns costs.


.