TV damaged

netter

Purchased tv on 25th nov online and picked up in store on 29th nov due to coronavirus. This was purchased as a christmas present and was not opened until ready to put on wall. After new year so was literally outside 30 days notification. Screen was smashed rang customer services after a few attempts to be told there was nothing they could do as outside 30days very unhelpful. Got 3 different email address for customer services which were returned. Going round on circles any advice paid by debit card.

Jenni_D

Who did you buy from? And how much was it?

Your consumer rights say that any fault within the first 6 months is assumed to have been there at purchase and the seller must prove otherwise. With physical damage though things get a bit trickier ... I guess you'll know now to always inspect the goods on arrival/pick up, even if they won't be used until much later.

Jenni x

mattyprice4004

You're a bit stuffed really - how can you prove the TV wasn't damaged in the time you had it?
A few days, perhaps - but over a month...

the_lunatic_is_in_my_head

mattyprice4004 said:

You're a bit stuffed really - how can you prove the TV wasn't damaged in the time you had it?
A few days, perhaps - but over a month...

www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

It's up to the retailer to demonstrate that. 

[Deleted User]

the_lunatic_is_in_my_head said:

mattyprice4004 said:

You're a bit stuffed really - how can you prove the TV wasn't damaged in the time you had it?
A few days, perhaps - but over a month...

www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

It's up to the retailer to demonstrate that. 

And the retailer will say "you broke it - see where it is damaged". And then what? The OP will need to take the retailer to court if they won't accept it was damaged on delivery. 

mattyprice4004

the_lunatic_is_in_my_head said:

mattyprice4004 said:

You're a bit stuffed really - how can you prove the TV wasn't damaged in the time you had it?
A few days, perhaps - but over a month...

www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

It's up to the retailer to demonstrate that. 

Fantastic, I fancy a different phone and mine is only 5 months old - out the window it goes!
In reality, the retailer will say that it's clearly been damaged after unpacking - and that will be hard to dispute by the customer.

the_lunatic_is_in_my_head

mattyprice4004 said:

the_lunatic_is_in_my_head said:

mattyprice4004 said:

You're a bit stuffed really - how can you prove the TV wasn't damaged in the time you had it?
A few days, perhaps - but over a month...

www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

It's up to the retailer to demonstrate that. 

Fantastic, I fancy a different phone and mine is only 5 months old - out the window it goes!
In reality, the retailer will say that it's clearly been damaged after unpacking - and that will be hard to dispute by the customer.

That may well be so but it doesn't change the above.

The retailer would be wise to inspect the goods as if the buyer takes the retailer to court I don't see how the retailer could claim they considered the above and provide evidence that the customer damaged the goods if they simply dismissed the claim outright, or to put it more simply "It's up to the retailer to demonstrate that".