Faulty refurbished TV

ag19lfc

Bought a refurbished TV back in February which came with a 12 month warranty. Over the last nine months, the TV has been switching itself off, freezing and also losing picture/sound for a few seconds each time.

I've returned the TV back to the retailer (at my own cost) but they are reporting they cannot find any faults. They assured me before I sent the TV back that should they find the reported faults, they would repair the TV or issue a like-for-like replacement.

Now, with them saying they can't find the fault, I am reluctant for them to send the back to me only to discover the problems I reported still exist. The only way I could prove the TV is faulty is by video recording the TV to capture the moments it switches itself off, freezes etc.

Is there any legislation that entitles me to a full refund?

cono1717

Short answer? No.

The store has every right to refuse to repair or replace a product if it presents no fault. However if you can show the fault by video I don't see why they wouldn't be able to take that.

As for the entitlement you are not entitled to a refund automatically, it is one of the remedies available to store but that also includes repair and replace and the store has the right to choose.

knightstyle

Are you sure the fault is with the TV and not with the aerial or dish or box?

ag19lfc

Retailer have replaced the power board and sent the TV back to me, however the TV has arrived damaged, which I'm assuming is down to the courier company throwing the box around!

The retailer have offered me a £300 part-refund as I've owned the TV for 9 months, which I have rejected. They have offered to send me a replacement model, however I believe this specific model has been discontinued, so if they can't offer another TV which I deem to have similar or better spec, would they then be obliged to offer me a full refund?

naedanger

ag19lfc wrote: »

... if they can't offer another TV which I deem to have similar or better spec, would they then be obliged to offer me a full refund?

No. They can reduce any refund to take account of the use you have had of the goods since they were delivered to you.

ag19lfc

...and if I don't choose the refund and don't agree that the spec of the replacement is equal to or better than the original TV?

Thanks for the reply BTW

naedanger

ag19lfc wrote: »

...and if I don't choose the refund and don't agree that the spec of the replacement is equal to or better than the original TV?

Thanks for the reply BTW

Then I am guessing you will have a dispute with the retailer. If you take the case to court then the basis for deciding the remedy will, I believe, be the Sales of Goods Act.

Note that this act explicitly states that the buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

(a)impossible, or

(b)disproportionate in comparison to the other of those remedies, or

(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

It also says:
One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—

(a)the value which the goods would have if they conformed to the contract of sale,

(b)the significance of the lack of conformity, and

(c)whether the other remedy could be effected without significant inconvenience to the buyer.