New TV arrives scratched.

Hurley

Hello all.

I'm hoping some of you can provide some assistance.

I bought a TV from an online retailer at the end of November. I only got around to unpacking and installing it yesterday. I noticed a pretty hefty scratch in the middle of the screen straight away.

I rang the retailer and they said I should have checked it immediately upon delivery so therefore I have no recourse.

I was expecting such a response in all honesty, I just want to know whether this is actually legally enforceable, as not all the T&Cs of sellers are.

Thanks for any advice.

naedanger

Hurley wrote: »

Hello all.

I'm hoping some of you can provide some assistance.

I bought a TV from an online retailer at the end of November. I only got around to unpacking and installing it yesterday. I noticed a pretty hefty scratch in the middle of the screen straight away.

I rang the retailer and they said I should have checked it immediately upon delivery so therefore I have no recourse.

I was expecting such a response in all honesty, I just want to know whether this is actually legally enforceable, as not all the T&Cs of sellers are.

Thanks for any advice.

In practice I don't think you will be able to legally force them to replace or refund the tv, as I suspect they will dispute that the fault existed when the tv was delivered.

If they dispute the fault existed then you would need to take them to court and win your case. As the tv is less than 6 months old the onus would be on the retailer to prove, on the balance of probability, that the fault did not exist when the tv was delivered. However "the balance of probability" is not a high burden of proof and I think the delay in reporting the fault could well count against you.

However you will know the full circumstances and if you feel the retailer would not be able to convince a court, on the balance of probability, that the tv was fault free when it was delivered you could make a legal claim.

Hurley

Thanks naedanger.

There is no real way of proving it I guess.

It's a brand new and sealed set so I assumed it would be perfect, but in any case it is often impractical to check things immediately on delivery.

I suppose this will have to be 'lesson learned'

Toxteth_OGrady

Under Section 20 of the Consumer Rights Act 2015 you have 30 days from the date of delivery to reject goods (short-term right to reject) that are not of satisfactory quality* and get a full refund.

*

The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a) fitness for all the purposes for which goods of that kind are usually supplied;

(b) appearance and finish;

(c) freedom from minor defects;

(d) safety;

(e) durability.

:cool:

TOG

System

Toxteth_OGrady wrote: »

Under Section 20 of the Consumer Rights Act 2015 you have 30 days from the date of delivery to reject goods (short-term right to reject) that are not of satisfactory quality* and get a full refund.

*



:cool:

TOG

However you still have a problem of convincing people be it the company or a court that the damage wasn't present when delivered

Toxteth_OGrady

!!!!!! wrote: »

However you still have a problem of convincing people be it the company or a court that the damage wasn't present when delivered

I believe that the burden of proof rests with the seller to establish that the goods conformed to the contract on the day they were delivered (reverse burden of proof).

It would be an interesting alternative dispute resolution discussion.

This aspect is not however the same as the retailer in the OP misleading the buyer about their statutory rights.

akkers

If a member of your family or friend was present at the unpacking ceremony and witnessed the TV emerge scratched from the box then you may have a stronger case. Was anyone else present when you unpacked it?

Hurley

akkers wrote: »

If a member of your family or friend was present at the unpacking ceremony and witnessed the TV emerge scratched from the box then you may have a stronger case. Was anyone else present when you unpacked it?

Unfortunately not. To be honest, I was asking purely in case there was a statutory right I could quote in case their own policy was not enforceable.

I am not really looking to start legal cases or threatening letters against them, although if the damage was worse or the TV more expensive I would probably not be as relaxed.

Thanks for replying.