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

Manxman_in_exile

zoob said:

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 

zoob said:

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 

Aren't those very good questions?  18 months down the line the OP goes back to the store to enforce their consumer rights.  They bring in TV model  no. 11111111111111, but their receipt and invoice says a different model, no.1111111122222

Personally I don't see why the OP is messing about with this as they just seem to be trying to have their cake and eat it.  (ie keep the wrong TV AND have the extra-statutory warranty).

The OP either ought to return the wrong TV and get the right one or (if the shop are happy to do so and they seem to be) keep the wrong TV but accept there's no warranty.  They can't honestly have both.

sheramber

Presumably, you could pay the extra cost and keep  the higher spec one. You would then get the warranty.

the_lunatic_is_in_my_head

The shop have probably decided the reduction in value isn't worth the extra in price and it's easier to just let the customer keep the higher spec TV.

If the OP accepts this that is fine, the manufacture warranty will be valid, if OP has paid extra for a extended warranty the store can't just void this. 

It's highly doubtful either will have terms voiding the warranty because the store has upgraded the customer's order, even if they did it would likely be an unfair term.

The OP will still have their consumer rights with the exception of any aspects which don't conform to the contract which are noted. 

For example by accepting the other TV they can't then complain it has less HDMi ports than the other but if it fails they are still entitled to a remedy.

What the OP does need is something in writing to confirm the amendment to contract. 

Jumblebumble

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.

BIg Assumption

I bought a Samsung TV not long ago with 5 years Samsung warranty
Sony  and Panasonic seem to be doing the same at the moment
https://www.sonicdirect.co.uk/cat/Panasonic-Free-5-Year-Warranty

zoob

Jumblebumble said:

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.

BIg Assumption

I bought a Samsung TV not long ago with 5 years Samsung warranty
Sony  and Panasonic seem to be doing the same at the moment
https://www.sonicdirect.co.uk/cat/Panasonic-Free-5-Year-Warranty

Yes indeed lots off manufacturers our doing 5 year warranty offers but there normally only on certain models in the range, both Samsung and Panasonic and most other brands are via customer redemption only and model and serial numbers must be given, also they normally require a copy off the receipt.
They then send you a reference number that customer must provide in the event off a warranty claim
No registration or reference  number then no extended warranty 
SONY get the retailer to register on behalf off the customer for warranty 

Jumblebumble

zoob said:

Jumblebumble said:

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.

BIg Assumption

I bought a Samsung TV not long ago with 5 years Samsung warranty
Sony  and Panasonic seem to be doing the same at the moment
https://www.sonicdirect.co.uk/cat/Panasonic-Free-5-Year-Warranty

Yes indeed lots off manufacturers our doing 5 year warranty offers but there normally only on certain models in the range, both Samsung and Panasonic and most other brands are via customer redemption only and model and serial numbers must be given, also they normally require a copy off the receipt.
They then send you a reference number that customer must provide in the event off a warranty claim
No registration or reference  number then no extended warranty 
SONY get the retailer to register on behalf off the customer for warranty 

Correct and that is exactly what I did.
It was a cracking deal with 10% off via Amex cashback from one particular dealer which was a genuine 10% off anyone else's prices and the 5 year warranty was icing on the cake
My point was that it is in no way almost certain the warranty is with the retailer