Tesco: Faulty tablet - won't replace?

peterkay369

Hi all,

Basically bought two tablets a couple of weeks ago online for myself and OH for Christmas.
Upon opening the tablets yesterday, mine is great however it appears the lock/power button on OH's tablet is broken (very sensitive and doesn't "click").

Just spoke with Tesco Customer Services on the phone and apparently it's out of stock and they can't replace it at the moment. I asked him to set up a stock alert on the item for when it's back in stock to which he said it's not giving him the option which is usually what happens when it's discontinued and it couldn't be repaired either.

He said the only thing they can do is refund which I'm not happy with, I got the tablet in the Black Friday sales so at a very good price. So for me to receive a refund and then buy another tablet which will be of significantly lower spec isn't really fair on me/OH, especially as we'll have to pay more money for one of similar performance.

Surely if it's now discontinued they are obliged to replace with either an equivalent or higher quality spec product? It's not right that my OH is missing out!!

Thanks

bris

They are doing all they need to do, you have no rights to anything other that a full refund.

naedanger

peterkay369 wrote: »

Surely if it's now discontinued they are obliged to replace with either an equivalent or higher quality spec product?

You are more or less correct, but it is not completely straightforward.

Under consumer right legislation (the Consumer Rights Act 2015) the retailer must replace, repair or refund at their option. So they can say a refund complies with consumer legislation, which is technically correct.

However as they have breached the sales contract (by selling a faulty tablet) you are entitled to claim damages so that you do not suffer a financial loss as a result of their breach. In other words you should be in the same financial position as if the contract had been honoured. (And not as retailers sometimes pretend as in the same position as you were before entering the contract.)

Normally no damages are due as a refund is usually sufficient to enable a replacement to be bought without loss. However in your case your are entitled to be paid (in addition to a full refund) the shortfall needed to purchase the same (or equivalent) item elsewhere. The phrase "loss of bargain" is sometimes used to cover this situation.

The problem is that retailers, especially their junior staff, are unaware of this and so it can be difficult getting them to accept they have this liability. (So it is possible you might need to sue them.)

I suggest you try and speak to someone more senior and emphasise that all you want is to be in the same position you would be in had they honoured the contract. You should not lose financially from their breach.

Finally did you pay by credit card and was the price of the faulty item more that £100? If so you may have another option if Tesco don't help.

bris

naedanger wrote: »

You are more or less correct, but it is not completely straightforward.

Under consumer right legislation (the Consumer Rights Act 2015) the retailer must replace, repair or refund at their option. So they can say a refund complies with consumer legislation, which is technically correct.

However as they have breached the sales contract (by selling a faulty tablet) you are entitled to claim damages so that you do not suffer a financial loss as a result of their breach. In other words you should be in the same financial position as if the contract had been honoured. (And not as retailers sometimes pretend as in the same position as you were before entering the contract.)

Normally no damages are due as a refund is usually sufficient to enable a replacement to be bought without loss. However in your case your are entitled to be paid (in addition to a full refund) the shortfall needed to purchase the same (or equivalent) item elsewhere. The phrase "loss of bargain" is sometimes used to cover this situation.

The problem is that retailers, especially their junior staff, are unaware of this and so it can be difficult getting them to accept they have this liability. (So it is possible you might need to sue them.)

I suggest you try and speak to someone more senior and emphasise that all you want is to be in the same position you would be in had they honoured the contract. You should not lose financially from their breach.

Finally did you pay by credit card and was the price of the faulty item more that £100? If so you may have another option if Tesco don't help.

Nonsense, there is no breach of contract.

naedanger

bris wrote: »

Nonsense, there is no breach of contract.

Of course there has been a breach of contract if the tablet has a broken power button.

JJ_Egan

naedanger wrote: »

Of course there has been a breach of contract if the tablet has a broken power button.

Even if the user broke it ??

Bogalot

Which tablet is it and how much did you pay? I can't recall seeing any particularly great black friday deals on tablets at Tesco.

naedanger

JJ_Egan wrote: »

Even if the user broke it ??

My reply was in the context of this thread only.

It seems clear (at least to me) from the first post that the tablet arrived with a broken power button.

peterkay369

@naedanger - thanks for your replies, been in touch with Tesco complaints and they're coming back to me shortly.

@JJ Egan - the button was like it straight out of the box, if you do not have anything constructive to add please do not comment.

@Bogalot - it was a Windows Connect 10 tablet (2gb model) with almost £100 off. May not be a lot to some but it is to me.