Returning a TV

Goodgreef

Hi,
I've just purchased an LED TV from Very on July 27th.
I use Very regularly and have not encountered an issue before but now I have a potential problem returning this TV.

The TV has a high pitched tone coming from it when switched on making it unwatchable, I called the returns line to return the TV but they gave me a helpline number to speak to a technical team.
I've called the technical team as apparently I need a reference number from them (I'm guessing to verify the fault) and they are going to arrange a technician to call me and see if it can be fixed.
I've told them I want to return the TV but they insist I follow their process but I know this is going to end up backwards and forwards with them trying to fix the issue.

I certainly don't want a new TV to be fixed, am I still within my rights to return the TV under the Distance Selling Act?

Thanks in advance.

Paul

wealdroam

Distance Selling Regulations give you up to seven working days, starting with the day after delivery, the right to cancel you order. That right to cancel is unconditional.

browneyedbazzi

As wealdroam says, you can inform them that you wish to cancel the contract and return the TV under the Distance Selling Regulations and they must refund you (check their Ts and Cs to find out who pays for the return carriage though because some companies have a condition saying that customers must pay return carriage).

If you called up saying there is a fault they will try to offer to get it fixed because some people would still want the tv. If you tell them you want to return it under the DSRs you shouldn't have any problems.

frugal_mike

Also under the Sale of Goods Act you have a 'reasonable' amount of time to reject the goods for a full refund if they are not fit for purpose. You are arguably still within that reasonable time frame as its only been a few days.

MamaMoo_2

Reject it under SOGA, that way you will not be liable for postage costs.

derrick

MamaMoo wrote: »

Reject it under SOGA, that way you will not be liable for postage costs.

Nor will you under DSR if the product is faulty: -

From page 27; -
"Who pays for returning the goods if the consumer cancels an order?

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances. "


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frugal_mike

derrick wrote: »

Nor will you under DSR if the product is faulty: -

From page 27; -
"Who pays for returning the goods if the consumer cancels an order?

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances. "


.

I do not see any explicit mention in the DSRS about what happens when you return faulty goods. The closest I can see is section 14, paragraph 6a:

[The consumer does not have to pay return postage if] the consumer cancels in circumstances where he has the right to reject the goods under a term of the contract, including a term implied by virtue of any enactment,

That is pretty clearly talking about the Sale of Goods Act, without limiting itself to that.

So if the contract states that the consumer has to pay for return postage then the consumer has to show that they have the right to reject the goods under the sale of goods act (or any other term in the contract), so they effectively have to reject the goods under the sale of goods act.

derrick

frugal_mike wrote: »

I do not see any explicit mention in the DSRS about what happens when you return faulty goods. The closest I can see is section 14, paragraph 6a:



That is pretty clearly talking about the Sale of Goods Act, without limiting itself to that.

So if the contract states that the consumer has to pay for return postage then the consumer has to show that they have the right to reject the goods under the sale of goods act (or any other term in the contract), so they effectively have to reject the goods under the sale of goods act.

Whatever way you want to look at it the term is in the DSR,(as quoted in my post #6), I was just pointing out in reply to post #5 that it was the same under DSR for faulty goods re who pays for return postage, if you want to split hairs about wording then continue, but I am not playing semantics.

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frugal_mike

Whatever way you want to look at it the term is in the DSR,(as quoted in my post #6), I was just pointing out in reply to post #5 that it was the same under DSR for faulty goods re who pays for return postage...

But its not semantics, and you didn't quote the DSRs. You quoted an OFT PDF which provided their commentary on the DSRs.

The actual DSRs can be found at:

legislation.gov.uk/uksi/2000/2334/contents/made

The DSRs only state that the clause stating that the sellers terms and conditions can require the consumer to pay for returns doesnt overule a term in the contract that allow you to reject the goods.

The Sale of Goods Act does not allow you to reject goods once acceptance has occurred. It's entirely possible for acceptance to occur within the timeframe the DSRs provide for cancelling a contract.

For example if you received the goods and intimated to the seller that you accept the goods then acceptance occurs at that point, and you can no longer reject under the Sale of Goods Act for a full refund.

The retailer would still have a legal obligation to refund, repair or replace under the Sale of Goods Act (covering all costs, including return postage), but if you only cancelled under the DSRs then I couldn't see anything in them stating the sellers terms and conditions on return postage were overruled in this situation.

So, to return faulty goods for a full refund and have the seller pay postage under the DSR you have to also argue that acceptance has not occurred under the Sale of Goods Act and you want to reject them, so just use that anyway. You only need the DSRs if acceptance has already occurred, but you still want to return the goods for a full refund rather than a repair or replacement.

Goodgreef

Thanks for the replies guys, Very are collecting the TV at no cost to myself. They collect it on Friday, so hopefully there'll be no issues from then.

Thanks again

frugal_mike

Sounds like a good result, let us know how it goes