Wrong but higher spec product delivered - swap or can keep but no warranty. What are my rights?

trubmij

I bought a TV from a UK major retailer on a click & collect  It came with a 5-year warranty.  I collected the TV from the store and the brand, screen size etc on the box matched everything I was expecting. I installed the TV the next day and all works OK. Two further days later the store rang to say that they had picked the wrong model number.  The one I ordered and the one I collected differed in their 11-digit model number varies in that the last 5 digits are different.  In fact, the one I was handed is £200 to £300 dearer and although physically the same but is of a higher specification.  They said they would either deliver the correct model or I could keep the one I was given but as it was not the same model as on the invoice they could not offer any warranty on the model I was given.

It is not my mistake but if I keep the TV I would have to pay for cover from a 3rd Party supplier to get a warranty.  Can I insist that I keep the TV and they offer the warranty?  Or are they within their rights to make the offer they have?

Comments please.

JJ_Egan

Warranty is an extra its not your Consumer Rights .

personally never would pay for 3rd party warranty as CR covers far more .

Marcon

What method of payment did you use?

LippyDoodle

trubmij said:

I bought a TV from a UK major retailer on a click & collect  It came with a 5-year warranty.  I collected the TV from the store and the brand, screen size etc on the box matched everything I was expecting. I installed the TV the next day and all works OK. Two further days later the store rang to say that they had picked the wrong model number.  The one I ordered and the one I collected differed in their 11-digit model number varies in that the last 5 digits are different.  In fact, the one I was handed is £200 to £300 dearer and although physically the same but is of a higher specification.  They said they would either deliver the correct model or I could keep the one I was given but as it was not the same model as on the invoice they could not offer any warranty on the model I was given.

It is not my mistake but if I keep the TV I would have to pay for cover from a 3rd Party supplier to get a warranty.  Can I insist that I keep the TV and they offer the warranty?  Or are they within their rights to make the offer they have?

Comments please.

That doesn't make any sense. So you have been allowed to keep a better model then you paid for which is great, but they expect you to have no warrenty? Who was offering the warrenty? The retailer or the manufacturer?  How did the wrong model get in the wrong box? How did they know the wrong model was in the wrong box if the item was brand new? It should have been unopened. 

I wouldn't be happy with out a warrenty. What happens 6 months down the line should it go pop? 

Speak to trading standards.  

zoob

Mistakes happen, just let them exchange the TV to the correct model and your warranty problem is solved and you get the TV you purchased 

TELLIT01

The 5 year warranty is almost certainly from the retailer.  The manufacturers warranty should still be valid, but for a shorter period.  John Lewis for example include the 5 year warranty at no additional cost so the OP won't have paid anything for that.  They cannot force the retailer to include the 5 year warranty on anything other than the item they purchased.

zoob

TELLIT01 said:

The 5 year warranty is almost certainly from the retailer.  The manufacturers warranty should still be valid, but for a shorter period.  John Lewis for example include the 5 year warranty at no additional cost so the OP won't have paid anything for that.  They cannot force the retailer to include the 5 year warranty on anything other than the item they purchased.

The OP has no manufacturer warranty or retailer warranty/guarantee or even consumer rights if there unable to provide proof off purchase for the price off model they've received if asked for 

user1977

All you're entitled to is what you ordered i.e. the other model, with its warranty. Whether or not you accept what's been delivered is a matter of negotiation.

prowla

I think the manufacturer's warranty will still apply, regardless of any shop's add-on/extended warranty.

neilmcl

Given how often TVs fail and how difficult some retailers can be when exercising your consumer rights this is one thing I tend to buy from retailers that offer a 5 or 6 year warranty, such as John Lewis or Richer Sounds. Most third party warranties are going to be in that price range anyway so I think their offer is fair.

Can you give us precise details, ie, exactly the model you ordered and a link to the web page would be useful, and the new model no. the retailer are saying you received.

zoob

prowla said:

I think the manufacturer's warranty will still apply, regardless of any shop's add-on/extended warranty.

Yes thats correct but they usually ask for proof off purchase before sorting it