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Author Topic: Can I insist on a refund?  (Read 1042 times)

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belldarr

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Can I insist on a refund?
« on: 30 July 2010, 15:03:07 »

Just a quick question on Statutory Rights =

I bought a 19" LCD TV from a well known national electrical retailer just before Christmas for my daughter, it isn't connected to an arial as she just uses it for DVD's a couple of times a week, about 6 weeks ago it wouldn't come off standby, replaced remote batteries and tried the buttons on top of the TV but nothing worked - so got in touch with them online, heard nothing so called them - they said they would repair it - I said my confidence in the product was zero as it had had very light use and was broken after 6 months and therefore I would like to replace it with a better quality product or a refund.  They suggested that I may be aple to replace it if I took it into my local store and had a word with the manager as it would be at his discretion - this I did and the manager point blank refuesed to do anything other than send it off for repair.  After finding out that this will take 6-12 weeks I asked for a replacement while it was in for repair, the conversation went downhill rapidly from there and he took great offence with me asking him if he was on holiday when they done the customer service training, end result he and I traded insults and I left with the TV ( I can laugh about it now!) I have called thier national number to firstly report the store manager and then they wanted to send me vouchers for a third of the value of the TV as a good will gesture, but I just want to replace or refund.  So to my question - Am I entitlled to a refund replacement and NOT the repair?

Any views much appreciated

Darren

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Allenm

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Re: Can I insist on a refund?
« Reply #1 on: 30 July 2010, 15:25:12 »

Short answer is no.  After 6 months the retailer is entirely within their rights to offer a repair.  They must however, provide you with a replacement or compensation whilst you are without the TV.

Personally, I would take the vouchers and get it repaired.

More info and help if you need it can be found at Consumer Direct (www.consumerdirect.gov.uk) or ring them on 08454 04 05 06 (it is free).

HTH
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belldarr

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Re: Can I insist on a refund?
« Reply #2 on: 30 July 2010, 15:33:39 »

Thanks Allenm, I did read that but it seems to suggest that if the tv could not be repaired in a reasonable time - and no definition of reasonable - I could have a replacement/refund, I even want to buy a more expensive brand! 

Darren
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Elite Pete

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Re: Can I insist on a refund?
« Reply #3 on: 30 July 2010, 15:39:31 »

Give their head office a call, 6 to 12 weeks isn't a reasonable time ;)
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Allenm

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Re: Can I insist on a refund?
« Reply #4 on: 30 July 2010, 15:42:20 »

reasonable depends on whether you get a replacement or not, if you have a replacement, then reasonable could be several weeks, it not, then more than 2 would seem unreasonable.

A lot depends on which chain you bought it from, it may be worth trying another branch.

Research the make and model on the internet.  if you can find sufficient evidence that there is an inherrent problem with the model you have, that may well be enough to convince them to refund, coupled with the sweetener of buying a more expensive unit you could well get the result you need.

Key to all of this, is to be polite and friendly!

good luck!
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TheBoy

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Re: Can I insist on a refund?
« Reply #5 on: 30 July 2010, 15:58:05 »

Legally, no, not entitled to refund or replacement. Only time you are is if the item is dead on arrival, or in the cooling off period for Distance Selling (not applicable in this case).  There would be some recourse if they could not repair 'within a reasonable period' but thats open to interpretation - it seems 4-8wks is what is generally considered to be reasonable  >:(


Obviously some companies offer enhancements to your statutory rights.


Its poor business management to accept an item back and refund/replace after that length of time, as its not resalable.
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Dishevelled Den

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Re: Can I insist on a refund?
« Reply #6 on: 30 July 2010, 16:25:59 »

Quote
reasonable depends on whether you get a replacement or not, if you have a replacement, then reasonable could be several weeks, it not, then more than 2 would seem unreasonable.

A lot depends on which chain you bought it from, it may be worth trying another branch.

Research the make and model on the internet.  if you can find sufficient evidence that there is an inherrent problem with the model you have, that may well be enough to convince them to refund, coupled with the sweetener of buying a more expensive unit you could well get the result you need.

Key to all of this, is to be polite and friendly!

good luck!


Quote
Key to all of this, is to be polite and friendly!


Agreed, it is by far the best way to achieve a satisfactory result.

Investigate your consumer rights more fully as it's better to 'speak softly, yet carry a big stick' :y :y
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pembsomega

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Re: Can I insist on a refund?
« Reply #7 on: 30 July 2010, 17:55:26 »

id say you could insist on a refund, as 6 months is not a reasonable time for a tv to last. when you buy anything from new you can expect it to last a reasonable time. it varys from product to product but i dont think they would have any defence to argue that a tv can reasonably last as little as 6 months.

i bought a home cinema system for £450ish and it packed up after 18months, the store nor the manufacturer wanted nothing to do with it, so i took the shop to the smalls claims court, it didnt get to court, they paid up.

when youre buying electrical equipment like tvs, stereos etc a reasonable time may be considered 3 yrs
 
a pair of hiking boots 6 months

an expensive oak table a chairs? ten years?

its all about the word reasonable time, in relation the the item and its intended use............
« Last Edit: 30 July 2010, 17:56:58 by pembsomega »
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Allenm

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Re: Can I insist on a refund?
« Reply #8 on: 30 July 2010, 18:12:40 »

Quote
id say you could insist on a refund, as 6 months is not a reasonable time for a tv to last. when you buy anything from new you can expect it to last a reasonable time. it varys from product to product but i dont think they would have any defence to argue that a tv can reasonably last as little as 6 months.

i bought a home cinema system for £450ish and it packed up after 18months, the store nor the manufacturer wanted nothing to do with it, so i took the shop to the smalls claims court, it didnt get to court, they paid up.

when youre buying electrical equipment like tvs, stereos etc a reasonable time may be considered 3 yrs
 
a pair of hiking boots 6 months

an expensive oak table a chairs? ten years?

its all about the word reasonable time, in relation the the item and its intended use............

The point here is not how long it is reasonable for the TV to last, but what constitutes a reasonable period for it to be refunded.  The fact that it should have lasted is being dealt with by the offer of a repair. 
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belldarr

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Re: Can I insist on a refund?
« Reply #9 on: 30 July 2010, 18:13:55 »

Well thanks all - some good comments and I have now contacted the head office and they are collecting the TV from me to look at the item and then see how to proceed from there.

As for politeness I really did try that route and think I can reason with anyone - but to give you an idea of his attitude his parting comment as I was leaving was "f***ing T**t" 

Darren
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