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Online retailer - product failed under guarantee period - don't want to refund return costs

Hi everyone, I'm a long time reader of these very useful forums, first time I had an issue I felt worth posting about, I'm hoping to get some opinions on this before I take any action.

I bought a TV from an online retailer about two months ago. It recently broke down, there's no physical damage to it, no one's touched it, I just gets stuck on the logo screen and switched on and won't work at all. Reading up on it online seems like it's a known electrical fault with this model.

Long story short the retailer and the manufacturer had me running in circles trying to avoid responsibility, each said it was up to the other to solve my problem. Eventually the retailer agreed to take it back, and if they find it really is broken (it hasn't gone yet) then they'll refund me.

The problem having a 50" TV delivered isn't cheap. I normally wouldn't bother with this sort of thing if sending something back cost me 5 quid, but this is actually over 60£. Retailer say "we're sorry your guarantee doesn't cover the return cost", I say "EU laws says you're wrong and you have to take it back with no cost to me".

Doesn't seem like they agree though so I'm thinking the next step is small claims?

Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Guarantee/ warranty is not your Consumer Rights under UK law . UK not EU .
    https://forums.moneysavingexpert.com/forumdisplay.php?f=173
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 26 May 2019 at 6:17PM
    Consumer Rights Act 2015 applies. Check it out. Your rights are against the retailer not the manufacturer.

    Within 6 months of purchase any fault is assumed to be inherent and the retailer must prove otherwise. The retailer must bear all costs in providing a remedy, including any return shipping costs.
  • SRLA
    SRLA Posts: 4 Newbie
    First Anniversary
    Hi thanks for the replies. Just to update after my last email informing the retailer that if I don't receive a refund of the return costs I'll be seeking legal advise they've suddenly decided to send their own courier service to collect the parcel at their expense. It's sad that they had to be backed into a corner to do the right thing when they could have done that right from the start.

    So fingers crossed that's the end of it.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SRLA wrote: »
    Hi thanks for the replies. Just to update after my last email informing the retailer that if I don't receive a refund of the return costs I'll be seeking legal advise they've suddenly decided to send their own courier service to collect the parcel at their expense. It's sad that they had to be backed into a corner to do the right thing when they could have done that right from the start.

    So fingers crossed that's the end of it.

    Take pictures before wrapping & at various stages of wrapping process. I always do this in case any damage happens in transit and it causes a dispute over when the damage occurred.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Take pictures before wrapping & at various stages of wrapping process. I always do this in case any damage happens in transit and it causes a dispute over when the damage occurred.

    This is good advice. However as the seller is arranging the courier the goods will be at the seller's liability, so it would be for the seller to ensure that the packaging of the goods was adequate.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DoaM wrote: »
    This is good advice. However as the seller is arranging the courier the goods will be at the seller's liability, so it would be for the seller to ensure that the packaging of the goods was adequate.

    I was more thinking that the pictures would help if they tried to say it was like that when they picked it up ;)
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • SRLA
    SRLA Posts: 4 Newbie
    First Anniversary
    Yep I took pictures of everything, including the screen turned on clearly showing there's no physical damage to it just in case they decide to be funny about it.
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