TV gone faulty after 15 months - what are my rights ?

whiteswan

Hi

Bought a tv from an online retailer 15 months ago.

Paid by credit card.

Its a 46 inch Blaupunkt led tv.

TV is now dead - contacted Retailer who sent me to manufacture - they just don't reply to me.

What can I do now ?

Does the 2 year EU directive on warranties still exist ?

Would credit card company be able to help ?

Dave

wealdroam

whiteswan wrote: »

Hi

Bought a tv from an online retailer 15 months ago.

Paid by credit card.

Its a 46 inch Blaupunkt led tv.

Who is the seller?*

whiteswan wrote: »

TV is now dead - contacted Retailer who sent me to manufacture - they just don't reply to me.

Read this short extract from MSE's Consumer Rights guide:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

whiteswan wrote: »

What can I do now ?

Read the rest of that article I linked to above and get in touch with the seller again.

whiteswan wrote: »

Does the 2 year EU directive on warranties still exist ?

Yes, that Directive still exists. Why do you ask?
All a Directive is, is an instruction to EU member states to incorporate stuff into that states' legislation.

whiteswan wrote: »

Would credit card company be able to help ?

Possibly. Have a read of MSE's Section 75 article.





*I hope it wasn't Tesco.

whiteswan

wealdroam wrote: »

Who is the seller?*



Read this short extract from MSE's Consumer Rights guide:




Read the rest of that article I linked to above and get in touch with the seller again.



Yes, that Directive still exists. Why do you ask?
All a Directive is, is an instruction to EU member states to incorporate stuff into that states' legislation.



Possibly. Have a read of MSE's Section 75 article.





*I hope it wasn't Tesco.

The seller is ebuyer............

I asked about the directive to see if it gave me any extra rights ?

Dave

unholyangel

whiteswan wrote: »

The seller is ebuyer............

I asked about the directive to see if it gave me any extra rights ?

Dave

The directives use of the word "warranty" doesnt mean the same as the average person would read it.

It means you should have a minimum of 2 years to take action for a breach by the supplier. It doesn't mean that you have a 2 year no quibble repair/replace policy.

In the UK, the statute of limitations gives 6 years from purchase (in england - 5 years from discovery in scotland) so the government did not transpose that requirement as our own legislation was far more generous. (and so met the requirements of the provision already).

That same directive you refer to though also places a 6 month burden of proof. Meaning if the goods fail within the first 6 months, its for the retailer to prove it wasnt inherent. If they fail after the first 6 months, its for the consumer to prove it is inherent. Which is why the sale of goods act also has a 6 month burden of proof.

macman

Is it still within the manufacturer's warranty or not? If not, you can only resort to SOGA, so your dispute is with ebuyer, not Blaupunkt. As above, you'll need to prove a pre-existing fault, and to do that you'll need to fund an independent engineer's report to support your claim.
After 15m, forget about getting a cc chargeback.

wealdroam

macman wrote: »

After 15m, forget about getting a cc chargeback.

What you say here is correct - as far as it goes.
I.e. a chargeback will not work after fifteen months.

However, as the purchase was made with a credit card, and I'll assume the purchase price was over £100*, then Section 75 of The Consumer Credit Act should not be dismissed as you appear to have done.

Section 75 makes the credit supplier equally responsible for performance of the contract and therefore any Sale of Goods Act rights the buyer may have against the seller also apply the the card issuer.



*do any 46" TVs sell for less than £100?