T&Cs that contradict Consumer rights? HELP

djmacca1

Pleade could someone help with my issue below?

I purchased a Samsung TV from box.co.uk which was delivered on the 21^st January.

There was no physical damage to the packaging and no signs of visible damage to the TV. The TV was purchased as a gift, so I did not take all the accessories out, unwind the cables, take the batteries out of their plastic packaging, turn it on etc, but all seemed intact.

On the 29^th January, after the gift had been opened, when plugged in, there is a fault/damage with the top right-hand side of the screen that is only visible when plugged in.

I then immediately followed the returns procedure suppling images when requested, but box.co.uk informed me that as it was 8 days since the TV was delivered there was nothing they could do as their terms and conditions state that I would have to notify them of any problems within the first 7 days.

However Under the Consumer Rights Act 2015 do I not have 30 days? 

They have confirmed twice in writing that as I did not inform them of any damage with 7 days as per their terms and conditions they will not refund/replace/repair the TV.

Do terms and conditions supersede the law?

Sandtree

There are some statutory rights that you can sign away however those under the CRA are not some of them.

As the item is under 30 days old however they can require that you prove that the item is faulty and it isnt damage that you have caused. If you are saying there is impact damage then clearly this may be difficult if the packaging is all in good condition.

djmacca1

To be honest I can't tell how the damage originated.  The TV looks fine when turned off but looks broken when turned on.

I read something about along the lines of...

If a retailer does try and blame on you for any damage, the onus is on the retailer to prove this within the first six months of you receiving your goods.

I'm so lost as it has been stored safely in a spare room, untouched so it must have somehow happened in delivery... but I suppose proving either way is tricky. 

My main gripe is that with the same damage if I told them on day 7 it would have been fine  and they would have exchanged it. But as I told them on day 8 they are rejecting my claim. So for me it's a question of if there 7 day allowance is against my consumer rights / the law?

Sandtree

If a fault develops between 30 days and 6 months then its assumed to have been present from the outset unless the retailer can prove otherwise... most dont realise that its different for the statutory right of rejection in the first 30 days. 

If there is no damage to the case of the TV and its just the LCD/OLED panel thats damaged then that may well point to it being a manufacturing issue and not impact damage but you'd need to speak to a TV engineer to get their view etc.

Companies can go beyond your statutory rights if they want, and many do, and they are free to put any timelimits etc they want on that. You'd assume their no questions asked when it looks like you could have damaged the TV period of 7 days is probably linked to their insurance arrangements with their couriers. 

the_lunatic_is_in_my_head

Sandtree said:

If a fault develops between 30 days and 6 months then its assumed to have been present from the outset unless the retailer can prove otherwise... most dont realise that its different for the statutory right of rejection in the first 30 days. 

This was corrected previously, there is no obligation for the consumer to exercise the short term right to reject and as per the regs below if they seek an remedy of repair or replacement then within 6 months from delivery to the consumer then it is taken the goods did not conform.  

OP Box are incorrect and misleading you about your consumer rights, you need to go back and ask them to provide you with a repair or replacement as the consumer rights act doesn't impose any time restrictions for the consumer to seek a remedy should the goods not conform to the contract. If they continue to refuse to assist you'd need to send a letter before and then follow the small claims process. I would assume they are fully aware of the law but hope you aren't and an old fashioned letter in the post will do the trick without any need to actually follow the small claims process, templates for a "letter before action" can be found on Google.

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

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the short-term right to reject (sections 20 and 22);

(b)the right to repair or replacement (section 23); and

(c)the right to a price reduction or the final right to reject (sections 20 and 24).

(4)If the goods do not conform to the contract under section 15 or because of a breach of requirements that are stated in the contract, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the right to repair or replacement (section 23); and

(b)the right to a price reduction or the final right to reject (sections 20 and 24).

(14)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.