Bought TV in the summer, finally get around to opening it today to find it the screen

tenof26

I know I am probably out of luck, but I thought I would post in case there was some way I could resolve the situation or if I have any rights!

In the summer, when all the footie was on there were some stonkingly good TV deals, and I knew that we would be doing up our living room later in the year so ordered one at a good price.

The TV arrived in July has has been sitting in my back room ever since, until today when it's finally time for the big unveiling and to my horror, it's got a giant crack in the screen, more than a crack really, - buldge where the screen is sticking out and a whole load of cracks.

Do I have any rights? Can a claim it under warranty? or am I out of pocket?

Thanks for any help in advance

[Deleted User]

I doubt you'll get any joy with physical damage months after purchase.

wealdroam

tenof26 wrote: »

I know I am probably out of luck, but I thought I would post in case there was some way I could resolve the situation or if I have any rights!

In the summer, when all the footie was on there were some stonkingly good TV deals, and I knew that we would be doing up our living room later in the year so ordered one at a good price.

The TV arrived in July has has been sitting in my back room ever since, until today when it's finally time for the big unveiling and to my horror, it's got a giant crack in the screen, more than a crack really, - buldge where the screen is sticking out and a whole load of cracks.

Do I have any rights? Can a claim it under warranty? or am I out of pocket?

Thanks for any help in advance

After ten years on this forum, it is probably time for you to read MSE's Consumer Rights guide.
There's a link to it at the top of this page - just under your thread title.

Do come back and ask any questions it raises.

mije1983

You can speak to the retailer, but it depends if they believe you that you kept it unopened for over 3 months. You could quite easily have caused this yourself, and I would hazard a guess that most people use a TV relatively soon after the purchase.

You'd have to check the terms of the warranty, but usually they exclude accidental damage, and damage like that to a screen would probably be classed as such.

You could have a battle on your hands with this. Have you got accidental damage as part of your home insurance? Depending on the excess and price of the TV, this could be an avenue to persue.

fleshandbone

You have two hopes......Bob hope and no hope.

tenof26

wealdroam wrote: »

After ten years on this forum, it is probably time for you to read MSE's Consumer Rights guide.
There's a link to it at the top of this page - just under your thread title.

Do come back and ask any questions it raises.

Thanks, I did read this and I have a question, the article states the following, next to a picture of a broken TV of all things!

Know who's responsible

Can you prove it?
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.

What proof do you need?

When goods are faulty, if you return them within six months, then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.


So we are within six months, so by that logic I can return the TV or get a replacement? Contrary to everyone else's comments?

neilmcl

tenof26 wrote: »

Thanks, I did read this and I have a question, the article states the following, next to a picture of a broken TV of all things!

Know who's responsible

Can you prove it?
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.

What proof do you need?

When goods are faulty, if you return them within six months, then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.


So we are within six months, so by that logic I can return the TV or get a replacement? Contrary to everyone else's comments?

There's a big difference between faulty goods and damaged goods. Are you in a position to counter the reasonable opinion that the TV's been in your possession for 4 months therefore any physical damage not reported when it was delivered, on the balance of probabilities must be down to you.

This is why you should always give any goods delivered the once over to check for damage or you'll find it extremely difficult to prove it's the responsibility of the seller.

cono1717

Is it a Plasma? Did it at any point lie down? It is known for Plasma's to be so heavy that the weight can damage them if not upright.

As above whilst the retailer needs to prove that it's a inherent manufacturing defect since you have only had it 4 months. The cracks right through it are going to sway them to consumer damage.

Keep_pedalling

cono1717 wrote: »

Is it a Plasma? Did it at any point lie down? It is known for Plasma's to be so heavy that the weight can damage them if not upright.

As above whilst the retailer needs to prove that it's a inherent manufacturing defect since you have only had it 4 months. The cracks right through it are going to sway them to consumer damage.

Unlikely to be a Plasma unless it was sitting unsold in a warehouse for at least 2 years.

The retailer has to prove nothing here, the OPs best hope is his home insurance.

[Deleted User]

Keep_pedalling wrote: »

Unlikely to be a Plasma unless it was sitting unsold in a warehouse for at least 2 years.

Indeed.
Plasma is a dead duck.

naedanger

tenof26 wrote: »

So we are within six months, so by that logic I can return the TV or get a replacement? Contrary to everyone else's comments?

You are correct to say that if you take the retailer to court then the onus will be on them to prove the fault was not inherent.

However that does not mean they must give you a refund or replacement if you return the tv. They could dispute that the fault was inherent. In which case you may need to take them to court to resolve the dispute.

If the matter gets to court then, as you say, they will need to prove the fault was not inherent. But they only need to do so on the balance of probability, which is a low standard of proof. (The retailer might feel they have at least a reasonable chance of winning in court if the fault is consistent with physical damage, together with the fact the fault was not reported for 4 months.)