Faulty John Lewis TV - Am I entitled to a full refund?

Hannarose

I purchased a Samsung TV from JL in Oct 2013. I paid £599 and had 5 years warranted.

2yrs 3 months later - the product is faulty. The JL engineer has been out, written the report and confirmed this.

The product is now no longer sold and the pets to replace are unavailable, therefore they have offered me £449 cash or a new Samsung tv model priced at £449 (only differences is 2 inches bigger and quad core instead of dual core an 'upgrade'.

Unfortunately the £449 cash does not seem fair as I feel that under the Sales of Goods Act , my TV should have lasted longer than 2 yrs 3 months before becoming faulty.

The 'upgrade' is not an equivalent because it is too big for my property, therefore useless to me, an equivalent 46 inch to they have told me is unavailable.

They have made it very clear to me that they can only offer me the £449 cash or £449 'upgrade' TV.

Am I entitled to a full refund? I don't believe that after paying £600 for a tv that it would be faulty after 2yrs 3months.

The fault is dead pixels on the screen. Many thanks for reading, I appreciate any advice on what would be the best thig for me to do.

unholyangel

The sale of goods act allows the retailer to make a deduction for use you have had of the goods.

I actually think their offer is a really good one after over 2 years of use - its not unusual for electronic items to lose 30-50% of their value in the first year alone.

If they gave you a full refund, you'd have had free use of a tv for over 2 years which would be a betterment. Obviously JL agree the tv should have lasted longer or they would not have offered a 75% refund.

Leo2020

You are not entitled to a full refund. A retailer can deduct usage from the refund.

Hannarose

But I don't want a different tv or even the cash - I want mine fixed , I love my current tv. Surely it's not my fault they do not have the parts to fix or replace is? Many thanks for your comment

shaun_from_Africa

Hannarose wrote: »

I purchased a Samsung TV from JL in Oct 2013. I paid £599 and had 5 years warranted.

Unfortunately the £449 cash does not seem fair as I feel that under the Sales of Goods Act , my TV should have lasted longer than 2 yrs 3 months before becoming faulty.

Am I entitled to a full refund? I don't believe that after paying £600 for a tv that it would be faulty after 2yrs 3months.

Under the SOGA, you are not entitled to a full refund.
If the problem is down to a manufacturing defect, JL can offer a replacement, repair or refund (their choice) and the refund can be a partial one to take into account the 27 months use you have had from the TV.
IMO, an offer of £449 is more than fair on a set that originally cost £600, and as they have also offered a replacement TV which is of an equal or better spec as your old one, they are acting well within what the law requires of them.

shaun_from_Africa

Hannarose wrote: »

But I don't want a different tv or even the cash - I want mine fixed , I love my current tv. Surely it's not my fault they do not have the parts to fix or replace is? Many thanks for your comment

But if the parts are no longer available, it's not their fault either.

Hannarose

Should I contact the manufacturer? Or would they have no obligations to help me and say my contract is with the retailer? Many thanks

Leo2020

Your rights are with JL. However there is no harm in contacting Samsung just don't be surprised if they won't do anything.

They don't have the parts therefore they can't repair, not a lot JL or you can do about that. This leaves you with two options take the partial refund or take the replacement.

shaun_from_Africa

Most TV's only come with a 1 or 2 year manufacturers warranty so it's unlikely that Samsung will do anything but there is certainly no harm in asking.


Are there any of these TV's for sale second hand?
If so, you could take the partial refund and then buy another of the same model.

teddysmum

Are you sure the upgrade is too large (ie have you compared measurements)?


I ask because we have gone up 10" of screen, but he actual set is not much larger, because newer sets have narrower 'frames'.


I also think the offer is good,because newer technology is actually cheaper than old, so quality-wise you have at least an equivalent.


If parts aren't available, it is impossible to mend your current set and you are not entitled to a fullrefund,meaning you havetwo years of free usage.

tomtontom

Hannarose wrote: »

But I don't want a different tv or even the cash - I want mine fixed , I love my current tv. Surely it's not my fault they do not have the parts to fix or replace is? Many thanks for your comment

If the tv is no longer available then no amount of money will change that.

You have been made a generous offer, take the cash, the tv offered, or ask for a smaller model.