New TV - Damaged on arrival

mp3duck

I’ve just received a new TV bought direct from manufacture (leaving brand out but it’s one of the major ones). once setup it had a cracked screen although it’s internal as no physical damage on screen surface on box.
Reported right away, but they are claiming i caused the damage and won’t replace it..
surely this goes against my consumer rights and onus is on them to prove I caused damage. With not visible physical damage I’m not sure how they can do this?

neilmcl

mp3duck said:

I’ve just received a new TV bought direct from manufacture (leaving brand out but it’s one of the major ones). once setup it had a cracked screen although it’s internal as no physical damage on screen surface on box.
Reported right away, but they are claiming i caused the damage and won’t replace it..
surely this goes against my consumer rights and onus is on them to prove I caused damage. With not visible physical damage I’m not sure how they can do this?

With no physical damage to the box then they can reasonably state that the TV wasn't damaged in transit therefore on the balance of probabilities it was likely damaged by the customer. The question is, can you prove otherwise.

mp3duck

Sadly I didn’t film entire unboxing..
I suspect box fell flat before it arrived - so had an impact that didn’t cause any marks..
surely I don’t have to be one to prove this?

mp3duck

Further more, if we caused the damage, there would be visible damage. Lack of any suggests it arrived faulty.

mattyprice4004

You’ll likely have to let a judge decide if you’re at a stalemate with the retailer, if they think you caused the damage you’ll have a hard time changing their mind. 

Aylesbury_Duck

You could speak to your card provider, but they're unlikely to intervene because it's not clear who's to blame.  What retailer is it?

Ergates

mp3duck said:

I’ve just received a new TV bought direct from manufacture (leaving brand out but it’s one of the major ones). once setup it had a cracked screen although it’s internal as no physical damage on screen surface on box.
Reported right away, but they are claiming i caused the damage and won’t replace it..
surely this goes against my consumer rights and onus is on them to prove I caused damage. With not visible physical damage I’m not sure how they can do this?

I believe it's on the seller (in this case also the manufacturer) to prove that you caused the damage rather than on you to prove you didn't.

Ectophile

neilmcl said:

mp3duck said:

I’ve just received a new TV bought direct from manufacture (leaving brand out but it’s one of the major ones). once setup it had a cracked screen although it’s internal as no physical damage on screen surface on box.
Reported right away, but they are claiming i caused the damage and won’t replace it..
surely this goes against my consumer rights and onus is on them to prove I caused damage. With not visible physical damage I’m not sure how they can do this?

With no physical damage to the box then they can reasonably state that the TV wasn't damaged in transit therefore on the balance of probabilities it was likely damaged by the customer. The question is, can you prove otherwise.

If that were the case, companies could send out faulty goods and then reject all claims by saying the consumer broke them.

Under the law, if you report a problem in the first 6 months, the onus is on the retailer to show you broke it, not the other way round.

Grumpy_chap

If I understand correctly, the TV has been purchased by mail order - so a totally remote purchase.

I am not sure that I really understand what the OP means by the screen being cracked but only internally.  Is it a "crack" that would have been caused by impact damage somewhere / time, or is it an electronic fault that looks like a "crack"?  If the latter, it really can't be down to the OP but the former could be more debateable.

Either way, the order is covered by CCR so the OP can return the product for any reason or none.

neilmcl

Ectophile said:

neilmcl said:

mp3duck said:

I’ve just received a new TV bought direct from manufacture (leaving brand out but it’s one of the major ones). once setup it had a cracked screen although it’s internal as no physical damage on screen surface on box.
Reported right away, but they are claiming i caused the damage and won’t replace it..
surely this goes against my consumer rights and onus is on them to prove I caused damage. With not visible physical damage I’m not sure how they can do this?

With no physical damage to the box then they can reasonably state that the TV wasn't damaged in transit therefore on the balance of probabilities it was likely damaged by the customer. The question is, can you prove otherwise.

If that were the case, companies could send out faulty goods and then reject all claims by saying the consumer broke them.

Under the law, if you report a problem in the first 6 months, the onus is on the retailer to show you broke it, not the other way round.

I've not said otherwise, the point I'm making is the seller's "proof" could simply be that it was delivered intact therefore on the balance of probabilities it was damaged by the consumer. The OP will no doubt argue otherwise and will have to counter this. Ultimately it'll be down to a court to decide who they believe.

deannagone

I'm no legal expert and unfortunately I suspect if this goes to court, the decision will depend on the whimsy of the judge.  But just as the OP can't prove the damage was caused by the originating company/the delivery company, the originating company can't prove it was the OP. In my opinion, with the manufacturing process/travelling and handling the TV has undergone, its far more likely the TV was damaged during that process than whilst in the OP's possession.   If the law says the originating company must prove the OP caused the damage, i don't see how they can do that.  However, if he does take the case to court, most large companies don't bother to defend so he'll probably get a judgment in his favour by default.  Then he'll have to get the money out of them.  But the company will face court costs and collection costs (bailiffs/High Court Sheriffs) so they may cave and pay it regardless. The company refusing to accept fault, blaming it on the OP is the usual resistance one faces with customer services.  The OP will have to take it further, send a letter before action and so on.