Refunding/replacing TV - online retailer refuses to due to 'government regulation' 21 August 2019 at 8:31PM edited 30 November -1 at 1:00AM in Consumer Rights 12 replies 765 views

sophiefo

Hi,

We bought a TV from an online retailer with a 5 year warranty and unfortunately after 4 wonderful years it gave up!

The online retailer sent a third party company to look at the TV to see if if it could be fixed. They advised that the replacement part was no longer manufactured. We were then offered either a suitable replacement or a refund to the same amount. However, after 4 long weeks of back and forth and having a useless TV taking up space in our hallway we threw it out.

The online retailer are now refusing to replace/refund the TV as 'they didn't advise us to throw away the TV'. However, they also didn't advise us we had to keep the TV or that it was required in order to arrange the refund/replacement. It also doesn't state this anywhere in their guarantee notes or T&Cs on their website.

When I spoke to a manager he advised that although it wasn't on their website it was a government regulation, and when I asked for the specific regulation he said it was the Waste Electrical and Electronic Equipment recycling (WEEE).

Having a look through this regulation it doesn't seem to state that the company themselves requires the TV back to recycle it and it even states on their own website that this regulation is to allow the public to deposit electronic items at recycling sites across the UK.

Is this true? Or are they just trying to avoid giving us a refund with lots of legal jargon?

Any help would be greatly appreciated!

suki1964

Think they are looking at this bit of regulation


Distributors
Distributors must help their customers dispose of WEEE when purchasing new EEE on a like for like basis by either:
Taking back their WEEE free of charge in-store or at a local collection point that they designate; or
Opting out of in-store take-back and directing the customer to dispose of their WEEE at their nearest Designated Collection Facility. To do this the distributor must join the national Distributor Take back Scheme (DTS).

shaun_from_Africa

sophiefo wrote: »

However, after 4 long weeks of back and forth and having a useless TV taking up space in our hallway we threw it out.

The online retailer are now refusing to replace/refund the TV as 'they didn't advise us to throw away the TV'. However, they also didn't advise us we had to keep the TV or that it was required in order to arrange the refund/replacement. It also doesn't state this anywhere in their guarantee notes or T&Cs on their website.

To be totally honest, I don't see why the guarantee notes, website or T&C's need to say anything about not disposing of the old set until you are told to do this as I would have thought it's common sense.

If they couldn't repair it then they stated they would offer a replacement and the basic definition of a replacement is something that takes the place of, so they would be exchanging the broken TV for a working one.
Even if it couldn't be repaired, it might still have some value to the company providing the new unit so I don't think it unfair or unreasonable for them to now refuse to do anything more.

unholyangel

I don't understand why the tv was taking up space in the hallway. What was wrong with keeping it where it was?

Really you would need to check the terms of the warranty.

But even if this was under your statutory rights, you may not be under an obligation to return the goods (depending on if you had agreed to return rejected goods or not), but you are under an obligation to make the goods available for collection and take reasonable care of them.

This is because you would be "rejecting" the goods - which essentially means the goods are not yours, they're the retailers. So you would be disposing of someone elses property without their permission.

Aylesbury_Duck

As above, for them to issue a replacement they are entitled to collect "their" TV. If you aren't giving them the old TV back, they've nothing to replace. For all they know, you might have had it fixed and sold it or sold it for spares/repair.

Matty36

No TV? Then no replacement. Your own fault

sophiefo

Thanks so much for the all the replies and helpful advice!

mattyprice4004

Surely you wouldn’t just bin a TV without checking with the retailer first?
That’s just common sense if they’re replacing a faulty product!

custardy

The online retailer sent a third party company to look at the TV to see if if it could be fixed. They advised that the replacement part was no longer manufactured. We were then offered either a suitable replacement or a refund to the same amount. However, after 4 long weeks of back and forth and having a useless TV taking up space in our hallway we threw it out.

I'm guessing the 4 long weeks was done to you pushing back on refund amounts/alternatives offered?

peter_the_piper

Why on earth throw it out? There is no way ANY company would even consider any sort of refund/replacement without being able to have the old one back, sheer common sense. Our John Lewis set packed up after about the same period of time, we were offered the options of refund or replacement, we chose refund as we would get a 4 years newer version.

kittennose

Seems a bit silly to throw the TV away before they delivered the replacement, but still I would say to them you'll get it back and to proceed with the refund/replacement.

Then just buy another broken TV of the same model if possible.