DVD recorder bought from 3rd party seller through Tesco Direct

tracey29

I could do with some help please:
I bought a DVD recorder from a 3rd party seller via Tesco Direct in September 2013 but it's now broken and doesn't pick up most of the channels it used to no matter how many times I retune it.

It's needed a few retunes in the past but I think that was because it picked up other channels.

Over the weekend I had to retune it and have now lost almost all of the channels and it wouldn't record anything.

I phoned Tesco Direct yesterday and went through it with their Technical Helpdesk who talked me through a few things (nothing much more than I'd already done) and agreed that it's faulty and gave me a returns authorisation number so I could take it into the store for a refund.

I went into the store this evening and, after hanging around for a while, was told that because it had been bought from Superfi through Tesco that I need to take it up with Superfi even though it's been charged to my credit card by Tesco.

The people in customer services at Tesco found Superfi's phone number for me and I've ended up walking away with the recorder but no refund

I've got a couple of issues:
Who should I pursue this with - Tesco or Superfi?
Am I entitled to a refund as it's within 12 months? I really don't trust the product now and don't want a repair / replacement.

Any help will be gratefully received!

shaun_from_Africa

With regards to wanting a refund, you will only get this if the retailer offers it instead of a repair or replacement.
As you've had the item for a fair amount of time, the retailer can choose which option (repair, refund, replace) they wish to provide. You can state your preference but they don't have to honour this option if they consider it too costly for them in comparison with one of the others.

As to whom you actually have to claim from.
If payment for the goods was taken by Tesco then it's my opinion that they are the ones who you had a contract with. Even though they may well have passed the money onto Superfi and arranged for them to send you the goods, then you have no direct contract with Superfi. (although I've never come across this sort of setup before so I could be totally wrong in my interpretation of the law)

tracey29

shaun_from_Africa wrote: »

With regards to wanting a refund, you will only get this if the retailer offers it instead of a repair or replacement.
As you've had the item for a fair amount of time, the retailer can choose which option (repair, refund, replace) they wish to provide. You can state your preference but they don't have to honour this option if they consider it too costly for them in comparison with one of the others.

As to whom you actually have to claim from.
If payment for the goods was taken by Tesco then it's my opinion that they are the ones who you had a contract with. Even though they may well have passed the money onto Superfi and arranged for them to send you the goods, then you have no direct contract with Superfi. (although I've never come across this sort of setup before so I could be totally wrong in my interpretation of the law)

If it is Tesco then their technical department have already given me a refund authorisation number so that should be fine.

I just need to clarify now who it is that's liable - my gut reaction was Tesco but I could do with finding out what my rights are so I can go back and quote them.

wealdroam

tracey29 wrote: »

If it is Tesco then their technical department have already given me a refund authorisation number so that should be fine.

I just need to clarify now who it is that's liable - my gut reaction was Tesco but I could do with finding out what my rights are so I can go back and quote them.

If you read Sellers at Tesco Terms & Conditions, it should soon become clear that Superfi are responsible, not Tesco Direct.

tracey29

wealdroam wrote: »

If you read Sellers at Tesco Terms & Conditions, it should soon become clear that Superfi are responsible, not Tesco Direct.

That's a shame, I'll just need to get hold of them then and see what they say.

Thanks for your help.

zaax

Qui facit per alium facit per se
are both liable?

George_Michael

wealdroam wrote: »

If you read Sellers at Tesco Terms & Conditions, it should soon become clear that Superfi are responsible, not Tesco Direct.

Even though it's in their terms and conditions, this doesn't automatically that it is legally correct.
How many retailers have t&c's relating to the distance selling regulations that are totally wrong?

If as SFA stated, the money is paid directly to Tesco who then pass it on to superfi, surely Tesco are in effect acting as a dropshipping agent and the actual contract is between the customer and Tesco.

OlliesDad

George_Michael wrote: »

Even though it's in their terms and conditions, this doesn't automatically that it is legally correct.
How many retailers have t&c's relating to the distance selling regulations that are totally wrong?

If as SFA stated, the money is paid directly to Tesco who then pass it on to superfi, surely Tesco are in effect acting as a dropshipping agent and the actual contract is between the customer and Tesco.

No, Tesco are working as an agent for the seller.

I think the OP may be worrying unnecessarily as SuperFi are a well known company for Home Cinema and have a pretty good history of customer service (Trustpilot give in 9.3 out of 10 based on 643 reviews).

unholyangel

zaax wrote: »

Qui facit per alium facit per se
are both liable?

When using google, its always best to check the results actually relate to what you're searching for.

tracey29

Thank you all for replying.

Is the general concensus that it's Tesco who are liable or Superfi?

Tesco technical people have already agreed to give me a refund, if it is Superfi that are liable, are a well known company are they likely to give me a refund rather than insisting on a repair or replacement?

OlliesDad

Ultimately if Tesco stick to the T's and C's that they are an agent (which I believe they are) and therefore it is SuperFi who are liable, then to dispute this you may have to take it to court and then you have a good chance of losing.

SuperFi are within their rights to offer a repair/replacement instead - however if you explain what has happened, they may take pity on you.