Asda Broken TV Return.

RichardD1970

Bought a small TV about 8 months ago from Asda. The TV has stopped working, completely dead.

We wall mounted the TV and got rid of the box and the bits we didn't need.

I have tried to take it back and was told in no uncertain terms that, because I don't have the stand that was supplied with it, that they can not help in any way.

Do I have any hope or am I stuffed?

Thanks.

shaun_from_Africa

Asda can't insist on the packaging being returned but they do have the right to state that all of the supplied components must be given back to them before they will do anything.
Unless it was an Asda own brand, it might be worth contacting the manufacturer and seeing if you can make a warranty claim.

ncmurray

Or perhaps you could ask the manufacturer to send you a replacement stand?

Its a bad show from ASDA though.... as it is a wall mountable TV. Perhaps you could offer to send the wall back to them??!

stugib

shaun_from_Africa wrote: »

Asda can't insist on the packaging being returned but they do have the right to state that all of the supplied components must be given back to them before they will do anything.

Disagree, the stand has nothing to do with the fault, it doesn't absolve them from having to deal with it if all the other criteria are met (e.g. inherent fault, proof of purchase)

If they were really that bothered they could provide a replacement without the stand, or make a deduction from the refund to cover the missing stand.

RichardD1970

Thanks for the replies.

The TV is a Polaroid, produced for Asda. I don't think they still stock the same model any more.

It was a bit crap anyway.

We were going to write it off anyway as I didn't think we still had the receipt until last night, when the wife found it whilst clearing a load of junk out of some draws.

I'll have to have a think on whether it's worth pursuing or not.

unholyangel

shaun_from_Africa wrote: »

Asda can't insist on the packaging being returned but they do have the right to state that all of the supplied components must be given back to them before they will do anything.
Unless it was an Asda own brand, it might be worth contacting the manufacturer and seeing if you can make a warranty claim.

Actually they don't. All the missing component does is signify that OP accepted the goods (which after 8 months - wouldn't have been in question anyway).

For them to deny your rights in such circumstances would mean that either it wasn't a contract of sale (ownership passes in a contract of sale - and you can't dictate to someone what they do with something they own) or that they're trying to restrict/remove rights because the OP has exercised their ownership rights (and the unfair terms guidance specifically mentions that terms ending the right to redress when the consumer has dealt with the goods in a particular way - such as modifying them - are not allowed).

Of course its slightly more complicated than that because 8 months has passed. Its now for the consumer to prove the goods are inherently faulty and its possible asda are refusing to deal with it under warranty because of missing components.

But if the goods prove to be faulty, asda can't disclaim liability just because OP can't produce the stand. They can (as above) make a deduction to account for the missing components value, but they can't refuse to deal with it completely.

shaun_from_Africa

unholyangel wrote: »

Actually they don't. All the missing component does is signify that OP accepted the goods (which after 8 months - wouldn't have been in question anyway).

I agree that the OP has accepted the goods, but as Asda state on their website that in the first year they will give a refund or replacement for faulty goods, why shouldn't they expect the TV to be returned along with all of the parts it was supplied with?

macman

The TV will not be repairable if it's a branded Asda Polaroid, so a missing stand can't matter. If you recall, these are the rubbish ones people were fighting over in the sales in January? No doubt many of them have come back under warranty as faulty.
Store manager should have the discretion to refund with a missing stand, so I'd start by taking it to another branch where they might see sense..

unholyangel

shaun_from_Africa wrote: »

I agree that the OP has accepted the goods, but as Asda state on their website that in the first year they will give a refund or replacement for faulty goods, why shouldn't they expect the TV to be returned along with all of the parts it was supplied with?

Why can't they just replace the tv and not the stand? Or reduce the price to account for the value of the missing stand?

And they can't expect that because its inconsistent with acceptance. You accept the goods, they become yours to do with as you please.

A similar term a company had that the OFT made them delete:

Original term
Returns will not be accepted unless accompanied by:
ON ALL PRODUCTS – NO MANUAL– NO RETURN
The Invoice, Full and complete packaging inc Disks, Manuals etc.

Action taken
Term deleted.


Original term
Whilst every effort is made to ensure that your carpet is in perfect
condition, no complaints can be accepted after the carpet has been cut
into … you cut it, you own it.

Action taken
Term deleted.

As I said, them disposing of the stand amounts to acceptance & ownership. The company cannot use that as a get-out clause to disclaim liability in all circumstances. Only if what the customer done is the cause of the non-conformity can they disclaim liability completely.

ETA: Do keep in mind I pointed out its possible asda are dealing with it under warranty - in which case they can specify all components need to be returned. Given that its over 6 months from purchase.

custardy

macman wrote: »

The TV will not be repairable if it's a branded Asda Polaroid, so a missing stand can't matter. If you recall, these are the rubbish ones people were fighting over in the sales in January? No doubt many of them have come back under warranty as faulty.
Store manager should have the discretion to refund with a missing stand, so I'd start by taking it to another branch where they might see sense..

Agreed. I recently had an Xbox One controller replaced by Microsoft and a missing battery cover was no issue.

bris

They can dictate the terms anyway they see fit and as it's over 6 months they don't need to do anything at all until a report states otherwise.


With the proper report there is no doubt the courts would class the missing stand as irrelevant but Asda are within their rights to reject a warranty claim.