What are my rights please?

taylor30

Hi,
i purchased a Toshiba 40" 3D smart Tv back in may last year from an Ebay shop.
In april this year i noticed a thick blue line running across the screen, i contacted the seller who told me to get in touch with the manufacturer as i was with my 12 month warranty.

I contacted Toshiba who then told me to contact the distributor as they didn't have my TV in stock, i did so and was told i would need a replacement as it was beyond repair.

2 months ago they called to say they were sending someone to collect my tv set and would have me a replacement sent within 3 days...the tv was collected and i am still waiting for my replacement!!

I have phoned them regular and keep being told i have to be patient as they have still not received the TV from Toshiba and to give it another week...like i said this has gone on for 2 months almost and i'm really losing my patience.

They have offered to send me a smart tv immediately but it isn't 3D, they say this is an equivalent ...well correct me if i'm wrong but this isn't the equivalent to my old tv as there's no 3D feature which i paid for originally!
Having spent a fortune on 3D equipment and movies for my children i find this unacceptable to say the least.

They have also told me i will have to pay an extra £50 upon delivery of my new set as it is a newer model...i don't see why i should have to do this either???

Please could somebody advise me on what to do next...i feel i'm banging my head against a brick wall with these people :mad:

sorry for the long post

daytona0

Gotta see why there is a delay to be honest.... It might be that they are out of stock... They will need to resolve this by repairing, replacing or refunding but they can choose and usually they ask you to prove that it is inherent (if you have had it over 6 months) which it doesn't seem to have been the case hefe which is good...


What I would advise is that by the sounds of things they are likely out of stock at the moment (makes the most sense) and unless you push a partial refund they can't do much else...


With regards to their resolutions;

- The cheaper TV may be in stock and may work out to be the same value of any partial refund you receive, so it may not be a bad idea to consider taking that oer

- The 50 quid premium cost may be the depreciation value and cost difference between your model and the newer one, again not too unreasonable - I read you post wrong (thought they wanted to give you a better model as a quicker resolution), they can't charge you more for the same original item so get onto them about that...


Basically, if you've had it 4 a year or longer then don't expect it to be worth the original retail price and the alternatives may work out as a good resolution. You could even ask 4 the partial refund and they might do this. Otherwise you're gonna have to sit tight I reckon until they get the same model stocked.

agrinnall

Toshiba only have to do whatever their warranty says they will. If you're not happy with that then you should be exercising your SOGA rights with the seller.

taylor30

agrinnall wrote: »

Toshiba only have to do whatever their warranty says they will. If you're not happy with that then you should be exercising your SOGA rights with the seller.

It's not Toshiba i'm dealing with directly now...they passed me on to their distributors, they are the ones constantly fobbing me off.
As i said before when the faulty TV was collected i was told my new one would be delivered to me in around 3 days, this was 2 months ago!
Surely that isn't right as i'm having to use my little girls tv from her bedroom which she isn't happy with either

George_Michael

taylor30 wrote: »

It's not Toshiba i'm dealing with directly now...they passed me on to their distributors, they are the ones constantly fobbing me off.

The statement by agrinnall is correct whether you are dealing directly with Toshiba or with their distributors.
The pertinent fact is that you are not dealing with the seller of the TV and it is only the seller that you have any SOGA rights against.

You are dealing with the manufacturer (via a third party) and your only rights and their only obligations are those stated in the warranty smallprint.

It might be worth contacting Toshiba again and let then know just how badly you are being treated.