Debenhams.com and broken TV

stripey

HI,

I recently bought an LG TV online from Debenhams.com. On delivery the deliveryman unpacked the TV and photographed it and replaced it. The TV was undamaged.
As I was decorating my living room I did not set up the TV until a week later. On setting up the TV it appears that there is an internal issue with the screen - all that is visible is a number of jagged triangles.
I immediately emailed Debenhams and was informed they would look into my complaint and get back to me. I phoned customer services and as requested emailed pictures of the TV.

The response ( nearly 2 weeks later despite numerous emails) is that as I had not unpacked the item within 5 days they will not refund or replace the TV. They have also told me that it is not under warranty as it is an issue with the screen.

I am now left £385 out of pocket.
Do I have any rights in this area?
What can I do to get my money back?

Thanks for any help.

hollydays

stripey wrote: »

HI,

I recently bought an LG TV online from Debenhams.com. On delivery the deliveryman unpacked the TV and photographed it and replaced it. The TV was undamaged.
As I was decorating my living room I did not set up the TV until a week later. On setting up the TV it appears that there is an internal issue with the screen - all that is visible is a number of jagged triangles.
I immediately emailed Debenhams and was informed they would look into my complaint and get back to me. I phoned customer services and as requested emailed pictures of the TV.

The response ( nearly 2 weeks later despite numerous emails) is that as I had not unpacked the item within 5 days they will not refund or replace the TV. They have also told me that it is not under warranty as it is an issue with the screen.

I am now left £385 out of pocket.
Do I have any rights in this area?
What can I do to get my money back?

Thanks for any help.

Have they pointed you to the terms that allows them to,do this?

stripey

Hi - having read the general terms and conditions I cannnot find anywhere that says you must inspect the item within 5 days of delivery. Thanks.

hollydays

stripey wrote: »

Hi - having read the general terms and conditions I cannnot find anywhere that says you must inspect the item within 5 days of delivery. Thanks.

So, ring them and tell them?
Come back with their answer?

unholyangel

Just remind them that even if they did have such a clause in their T&C's, it would amount to an unfair term and be legally unenforceable as the Consumer Rights Act gives you 30 days to reject goods as not conforming to contract, you (as a consumer) cannot contract out of your statutory rights and any attempt by a trader to limit or remove your statutory rights can amount to a criminal offence.

hollydays

And you are returning this item as faulty?
You are returning it as having damage that couldn't be seen by the courier or yourself at the time?
Is this correct?
I don't quite understand what the damage involves from your initial post but assuming it's that straightforward .
Their website just says that you and the courier will inspect the TV and the packaging will be taken away.

Leo2020

stripey wrote: »

HI,

I recently bought an LG TV online from Debenhams.com. On delivery the deliveryman unpacked the TV and photographed it and replaced it. The TV was undamaged.
As I was decorating my living room I did not set up the TV until a week later. On setting up the TV it appears that there is an internal issue with the screen - all that is visible is a number of jagged triangles.
I immediately emailed Debenhams and was informed they would look into my complaint and get back to me. I phoned customer services and as requested emailed pictures of the TV.

The response ( nearly 2 weeks later despite numerous emails) is that as I had not unpacked the item within 5 days they will not refund or replace the TV. They have also told me that it is not under warranty as it is an issue with the screen.

I am now left £385 out of pocket.
Do I have any rights in this area?
What can I do to get my money back?

Thanks for any help.

My Bold. I find this a bit confusing, would it be possible to copy and paste the response you received?

It would be very unusual for a faulty screen not to be covered under the warranty. Are Debenhams suggesting that you damaged the TV (which would not normally be covered under a warranty)? If so is this just based on the images you sent or have they inspected it?

You say also that he photographed it and then replaced it. Is this a replacement for a faulty item?

You have rights under the Consumer Rights Act if the TV does not conform to contract. This would include damage if it was caused by them but not damaged caused by yourself. If there is no damage on their photos but there is damage on photos taken 5 days later then it is fair to say that the damage occurred after delivery.

Would be good if you could provide more details.

stripey

Leo2020 wrote: »

My Bold. I find this a bit confusing, would it be possible to copy and paste the response you received?
[FONT=&quot]Debenhams email to me,
Good Morning,

Thank you for your time this morning.

As explained as the damage was reported outside of our 5 day damage policy hence why we will not be offering a refund or replacement.

I will ask our team to have another look at the case and we will issue a final response before 5pm Monday 08/05[/FONT]
It would be very unusual for a faulty screen not to be covered under the warranty. Are Debenhams suggesting that you damaged the TV (which would not normally be covered under a warranty)? If so is this just based on the images you sent or have they inspected it?

I think what Debenhams are saying is that when they delivered the TV it was visually in perfect condition as per photos that the deliveryman took. I then took photos when I set the TV up and found that there was a problem with an internal part of the screen
I belive they are suggesting that I must have damaged it and that in any case a damaged screen is not covered under warranty.

You say also that he photographed it and then replaced it. Is this a replacement for a faulty item?
No I meant he replaced the TV back into the box it came in.


You have rights under the Consumer Rights Act if the TV does not conform to contract. This would include damage if it was caused by them but not damaged caused by yourself. If there is no damage on their photos but there is damage on photos taken 5 days later then it is fair to say that the damage occurred after delivery.

You could not see the damage until you set up the TV and plugged it is. There was no visible damage to the TV.

The 5 day rule that they are quoting is not something that I was aware of.

Other than the email response above eveything else was told to me over the phone.
Would be good if you could provide more details.

Thanks for your help.

hollydays

Here's the reference to the five days policy

https://www.debenhamsplus.com/content/aftersales

"As with all new purchases, we understand that you will want to open and test your item as soon as it arrives. It's very important that you report any damaged, missing or incorrect items to us as soon as possible, preferably on the day of delivery. If this isn't possible, we consider it reasonable to check your items within 5 days, however we appreciate there can be exceptional circumstances which we would review on a case by case basis. If you do not intend to use your goods immediately, please open and inspect them before storing, Damage requests reported too late will be refused."

Leo2020

I think the problem might be your use of the word damaged.

"You could not see the damage until you set up the TV and plugged it is. There was no visible damage to the TV."

You have said there is damage and also no damage.

I think that Debenhams think you mean damage as in dented, scratched, etc.

Where as I think you mean that the TV does not work meaning faulty.

I think you need to clarify with Debenhams that what you meant is that the TV is faulty and there is no physical damage to the TV.

stripey

Hi - I have clarified that the TV is faulty with customer services and there was no visible damage. It was inspected on delivery and was undamaged. I believe that the TV is faulty but they are saying :
- that it is an internal screen damage
- that as I did not set up the TV to check for damage/faults before 5 days ( as I was decorating) they will not refund or replace the TV
- that an internal screen fault/damage is not covered under warranty.

I think you are right that I should have said faulty not damaged.
So where does this leave me will I have to accept this?

Thanks