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    • sophiefo
    • By sophiefo 21st Aug 19, 7:31 PM
    • 2Posts
    • 1Thanks
    sophiefo
    Refunding/replacing TV - online retailer refuses to due to 'government regulation'
    • #1
    • 21st Aug 19, 7:31 PM
    Refunding/replacing TV - online retailer refuses to due to 'government regulation' 21st Aug 19 at 7:31 PM
    Hi,

    We bought a TV from an online retailer with a 5 year warranty and unfortunately after 4 wonderful years it gave up!

    The online retailer sent a third party company to look at the TV to see if if it could be fixed. They advised that the replacement part was no longer manufactured. We were then offered either a suitable replacement or a refund to the same amount. However, after 4 long weeks of back and forth and having a useless TV taking up space in our hallway we threw it out.

    The online retailer are now refusing to replace/refund the TV as 'they didn't advise us to throw away the TV'. However, they also didn't advise us we had to keep the TV or that it was required in order to arrange the refund/replacement. It also doesn't state this anywhere in their guarantee notes or T&Cs on their website.

    When I spoke to a manager he advised that although it wasn't on their website it was a government regulation, and when I asked for the specific regulation he said it was the Waste Electrical and Electronic Equipment recycling (WEEE).

    Having a look through this regulation it doesn't seem to state that the company themselves requires the TV back to recycle it and it even states on their own website that this regulation is to allow the public to deposit electronic items at recycling sites across the UK.

    Is this true? Or are they just trying to avoid giving us a refund with lots of legal jargon?

    Any help would be greatly appreciated!
Page 1
    • suki1964
    • By suki1964 21st Aug 19, 7:36 PM
    • 12,173 Posts
    • 32,518 Thanks
    suki1964
    • #2
    • 21st Aug 19, 7:36 PM
    • #2
    • 21st Aug 19, 7:36 PM
    Think they are looking at this bit of regulation


    Distributors
    Distributors must help their customers dispose of WEEE when purchasing new EEE on a like for like basis by either:
    Taking back their WEEE free of charge in-store or at a local collection point that they designate; or
    Opting out of in-store take-back and directing the customer to dispose of their WEEE at their nearest Designated Collection Facility. To do this the distributor must join the national Distributor Take back Scheme (DTS).
    if you lend someone £20 and never see that person again, it was probably worth it
    • shaun from Africa
    • By shaun from Africa 21st Aug 19, 7:50 PM
    • 11,115 Posts
    • 12,664 Thanks
    shaun from Africa
    • #3
    • 21st Aug 19, 7:50 PM
    • #3
    • 21st Aug 19, 7:50 PM
    However, after 4 long weeks of back and forth and having a useless TV taking up space in our hallway we threw it out.

    The online retailer are now refusing to replace/refund the TV as 'they didn't advise us to throw away the TV'. However, they also didn't advise us we had to keep the TV or that it was required in order to arrange the refund/replacement. It also doesn't state this anywhere in their guarantee notes or T&Cs on their website.
    Originally posted by sophiefo
    To be totally honest, I don't see why the guarantee notes, website or T&C's need to say anything about not disposing of the old set until you are told to do this as I would have thought it's common sense.

    If they couldn't repair it then they stated they would offer a replacement and the basic definition of a replacement is something that takes the place of, so they would be exchanging the broken TV for a working one.
    Even if it couldn't be repaired, it might still have some value to the company providing the new unit so I don't think it unfair or unreasonable for them to now refuse to do anything more.
    • unholyangel
    • By unholyangel 21st Aug 19, 7:52 PM
    • 13,866 Posts
    • 11,163 Thanks
    unholyangel
    • #4
    • 21st Aug 19, 7:52 PM
    • #4
    • 21st Aug 19, 7:52 PM
    I don't understand why the tv was taking up space in the hallway. What was wrong with keeping it where it was?

    Really you would need to check the terms of the warranty.

    But even if this was under your statutory rights, you may not be under an obligation to return the goods (depending on if you had agreed to return rejected goods or not), but you are under an obligation to make the goods available for collection and take reasonable care of them.

    This is because you would be "rejecting" the goods - which essentially means the goods are not yours, they're the retailers. So you would be disposing of someone elses property without their permission.
    Money doesn't solve poverty.....it creates it.
    • Aylesbury Duck
    • By Aylesbury Duck 21st Aug 19, 8:06 PM
    • 4,489 Posts
    • 5,966 Thanks
    Aylesbury Duck
    • #5
    • 21st Aug 19, 8:06 PM
    • #5
    • 21st Aug 19, 8:06 PM
    As above, for them to issue a replacement they are entitled to collect "their" TV. If you aren't giving them the old TV back, they've nothing to replace. For all they know, you might have had it fixed and sold it or sold it for spares/repair.
    • Matty36
    • By Matty36 21st Aug 19, 8:19 PM
    • 154 Posts
    • 94 Thanks
    Matty36
    • #6
    • 21st Aug 19, 8:19 PM
    • #6
    • 21st Aug 19, 8:19 PM
    No TV? Then no replacement. Your own fault
    • sophiefo
    • By sophiefo 21st Aug 19, 8:23 PM
    • 2 Posts
    • 1 Thanks
    sophiefo
    • #7
    • 21st Aug 19, 8:23 PM
    • #7
    • 21st Aug 19, 8:23 PM
    Thanks so much for the all the replies and helpful advice!
    • mattyprice4004
    • By mattyprice4004 21st Aug 19, 11:25 PM
    • 4,143 Posts
    • 3,798 Thanks
    mattyprice4004
    • #8
    • 21st Aug 19, 11:25 PM
    • #8
    • 21st Aug 19, 11:25 PM
    Surely you wouldn’t just bin a TV without checking with the retailer first?
    That’s just common sense if they’re replacing a faulty product!
    • custardy
    • By custardy 22nd Aug 19, 6:07 AM
    • 34,755 Posts
    • 29,439 Thanks
    custardy
    • #9
    • 22nd Aug 19, 6:07 AM
    • #9
    • 22nd Aug 19, 6:07 AM
    The online retailer sent a third party company to look at the TV to see if if it could be fixed. They advised that the replacement part was no longer manufactured. We were then offered either a suitable replacement or a refund to the same amount. However, after 4 long weeks of back and forth and having a useless TV taking up space in our hallway we threw it out.
    I'm guessing the 4 long weeks was done to you pushing back on refund amounts/alternatives offered?
    • peter_the_piper
    • By peter_the_piper 22nd Aug 19, 8:35 AM
    • 27,240 Posts
    • 37,881 Thanks
    peter_the_piper
    Why on earth throw it out? There is no way ANY company would even consider any sort of refund/replacement without being able to have the old one back, sheer common sense. Our John Lewis set packed up after about the same period of time, we were offered the options of refund or replacement, we chose refund as we would get a 4 years newer version.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
    • kittennose
    • By kittennose 22nd Aug 19, 9:22 AM
    • 52 Posts
    • 12 Thanks
    kittennose
    Seems a bit silly to throw the TV away before they delivered the replacement, but still I would say to them you'll get it back and to proceed with the refund/replacement.

    Then just buy another broken TV of the same model if possible.
    • LilElvis
    • By LilElvis 22nd Aug 19, 9:55 AM
    • 4,544 Posts
    • 11,849 Thanks
    LilElvis
    Seems a bit silly to throw the TV away before they delivered the replacement, but still I would say to them you'll get it back and to proceed with the refund/replacement.

    Then just buy another broken TV of the same model if possible.
    Originally posted by kittennose
    And possibly throw more money away if they have the serial number of the TV they are expecting to receive.
    • Aylesbury Duck
    • By Aylesbury Duck 22nd Aug 19, 10:04 AM
    • 4,489 Posts
    • 5,966 Thanks
    Aylesbury Duck
    Seems a bit silly to throw the TV away before they delivered the replacement, but still I would say to them you'll get it back and to proceed with the refund/replacement.

    Then just buy another broken TV of the same model if possible.
    Originally posted by kittennose
    You're suggesting the OP commits fraud? That's not good advice.

    As suggested below, they could easily check using the serial number. And how likely is it that OP will track down a TV with the exact same fault that requires the same part that the retailer knows about.....for sale?
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