Damaged in transport oled tv

Marcgibb

Hello, I bought a new Philips oled 65 inch tv in august, this had a fault in the ambilight system, I contacted Philips and they asked for the tv to be returned for repair.
I informed them I didn't have original packing, they then sent out a plain cardboard box and bubble wrap to return the Tv. this was 2 months ago. 
 Philips organised the transport and the Transport company put on the shipping labels.
I then get informed that the tv was damaged in transport and that it will cost double what I paid for the tv to repair. they said I packed the tv upside down.

Given that the box was blank and didn't have transport this way up and the internal packing was a uniform bubble wrap they provided I argued that you can't pack a tv upside down in a blank box. the transport company didn't know how to transport it. 
Philips sent pictures of the tv and box , the box has obvious tears and a big bash at the corner.
  I informed Philips that they should have reported the damaged box and tv to the transport company.
Philips has refused any blame. we have now been without a tv for 2 months.
What's my options here? there argument that the tv was packed upside down if laughable. there packing instructions did not state to mark the box this way up only to use the provided packing.
I am In Norway and I have informed the consumer rights here , but I would like to get some input from you guys 
Thanks 

Marcgibb

This is how it was packed

Aylesbury_Duck

How on earth do you pack a TV in a blank box "upside down"?

If this were a UK retailer, it would be entirely their problem.  Their packing method, their returns process, their courier.

I have no idea about Norwegian consumer rights laws, so what do they say?

Marcgibb

this is how they received it 

Marcgibb

it can take 4 months for consumer rights to look at the case, so a tv that cost me 1600 I had for 2 weeks Philips now want 3200 to repair, but all they keep saying was my fault I packed it upside down

Aylesbury_Duck

What advice are you looking for?  I doubt anyone here can help you with Norwegian consumer law.  Have you actually looked at the consumer laws over there to see if you have a case?  Does every dispute need to go through "consumer rights"?

Marcgibb

The laws here re quite good, I just wanted to know if their argument holds up or if I was going crazy.

Aylesbury_Duck

Marcgibb said:

The laws here re quite good, I just wanted to know if their argument holds up or if I was going crazy.

If it were a UK retailer, their argument doesn't hold water.  It's their returns problem, they took responsibility for the TV as soon as they accepted the parcel and unless they have evidence you were negligent with the packaging, they need to replace the TV.

If Norwegian laws are different, and you retain responsibility for the TV until it's received at their warehouse, then it's a different story.

pinkshoes

Did you send it to somewhere in Norway for repair, or was it purchased in the UK and being sent to UK for repair?

Looking at the damage, I don't think it would have mattered if it had a right way up, it would have still sustained that level of damage caused by the courier.

If this was UK law, then you would be advised to send a "letter before action" to the retailer stating that it was returned using their courier and the packaging materials they sent, so they now need to replace or repair it. This would still apply if bought in the UK and returned back to the UK.

I have no idea about Norwegian law.

Marcgibb

This was bought and purchased in Norway and returned to workshop in Norway I assume that the consumer protection laws in Norway are the same or maybe even better than uk so I will see where this goes thanks everyone 

Marcgibb

I have just posted this on there Facebook page..

Well Philips has refused to accept any responsibility for my new 65inch oled that was purchased new 3 months ago and was not fit for purpose with a ambilight fault. This was sent to Philips for repair and got damaged in transport. So this is a message for Philips. 

Just to let you know I have contacted my lawyer and Philips Elcare will be taken to small claims court. 

Ridiculous situation, the packing was supplied by Philips, transport supplied by Philips.

Your argument that the tv was packed upside down hold no water.

The box was blank no indication of which way round, the packaging was also uniform all the way round. No indication on the packing instructions to write on the box ship this way up. The packard was accepted by Philips with the box having obvious external damage. 

You have quoted me a repair cost double what the tv cost me new you have had my tv for 7 weeks I had it for 2 weeks

Philips Norway has refused to budge accusing me of “packing the tv upside down” it was the right way up when your transport company removed it from my house. They fixed the transport labels on the box not me. Your packing, your transport. Your responsibility.