In battle with 2 businesses over a damaged TV, what are my consumers right?

Ibl0010

Background: i bought a 55 inches TV from eBay that was described as "pixel line & fully working as new condition on 30/4/17 and the TV was delivered 3 /5/17 by a courier I had booked my self to pick up the TV from the seller warehouse. I bought other accessories with the TV that were not advertised on ebay so silly me paid for the total using paypal gift.

I inspected the TV and notice a crack screen, the picture on the screen is bright on one side of the screen and bright on the other side, the pixel line on the screen is more than the auction listing showed, the TV has a 13 cm wide inky black mark on one side of the screen.

Problems 1: I contacted the TV seller to inform them that the TV I received is not as described or picturedo in the auction listinget. They ebay seller denied this and even accused me of trying to scam them. They said the delivery company I booked to deliver must have damaged the tv.

Problem 2: I contacted the delivery company and sent them evidence of the TV damages to out a claim in asome i paid extra for loss or damages. The claim was refused. They said I sent the TV at my own risk as a TV of such size is prohibited on their services. Trouble is i forgot to read the prohibited list and must have ticked the (I have read and understood the prohibited list) box to make the delivery booking with.

In the eye of the law, what are my consumers right with either the TV seller or the delivery company?

agrinnall

Was the seller a business and not a private individual? Assuming that's the case (as individuals don't usually have a warehouse) then you have rights against the seller, but your difficulty will come in enforcing them. I can see this ending up in court, and even then it's not going to be an easy win. Your attempt to claim from the courier weakens your case as that's evidence that you accept the TV was undamaged when it was picked up.

I don't think you'll have much chance of getting anything from the courier, exclusion of expensive electronic items is very common and your failure to read the exclusions effectively means that you accepted them.

Ibl0010

The seller is a business and not a private seller. The business is called dc digital TV Ltd.

lovinituk

Its tricky because you have muddied the waters by arranging your own courier. The seller will claim that it was in the described condition when it was picked up. I don't know how the couriers terms and conditions would stand up in court which is where I think you may have to take this.

m0bov

I would send a letter with photos and ask for a refund, otherwise do a moneyclaim online and see where it goes.

Ibl0010

Don't know how true it is but I was reading something about consumer right yesterday and it mention how a business is reponsible for the condition of an item during transit and delivery. Is this true? If this is true, does it matter that I was the one that booked the delivery.

m0bov

Also, paying via paypal gift to avoid fees also reduces your comeback, lesson learnt!

IAmWales

Ibl0010 wrote: »

Don't know how true it is but I was reading something about consumer right yesterday and it mention how a business is reponsible for the condition of an item during transit and delivery. Is this true? If this is true, does it matter that I was the one that booked the delivery.

That would only apply if they arranged delivery.

The courier was your agent, risk was transferred to you/ your agent once the tv was handed to them.

Ibl0010

As a buyer, I don't pay any fee so I didn't use PayPal gift as a way to get away from paying PayPal fee.

lovinituk

IAmWales wrote: »

That would only apply if they arranged delivery.

The courier was your agent, risk was transferred to you/ your agent once the tv was handed to them.

I agree entirely with this ^

I'm not convinced the OP has a claim against the seller any more without proof that it was damaged before the courier picked it up.

It would be the same as if you picked it up yourself and then dropped it when you got home. Not the sellers fault.

Ibl0010

The argument I had with the delivery company was that 1) I messed up for forgetting to tick the box without ready the prohibited list but 2) after they made me aware of the prohibited list and I checked there was no statement to say that I was made the booking at my own risk 3) the TV is a prohibited item due to size and potential damage but yet they took the extra I payed to cover the TV for loss and damages.