Television return issues.
Discussion
I'm wondering if the PH collective could help me with trying to return a television to an online retailer please.
I purchased a Toshiba 55U6763DB 4K television to use in conjunction with my Xbox One X for 4K gaming.
On setting up the television and using it for the first time, I was disappointed to find that it has horrendous input lag, even with gaming mode enabled.
Even worse, when gaming mode is selected, contrast is set at 100%, and all the other functions are locked and cannot be adjusted. This results in an overly bright and garish picture with glow around the edges of anything displayed on screen.
Things got worse when trying to calibrate the television, when I found there is no HDMI black level adjustment, which means that I cannot use the built in calibration mode of the Xbox, with certain parts of the image not displayed because of this.
I have tried to update the firmware, hoping that this would fix the issue, but found the latest firmware is already installed.
I reached out to the retailer saying it's not fit for purpose ,who has replied "tough". I've been told that a television is purchased primarily for watching TV, and as this is not the issue they will not entertain a return.
The reviews on their website relating to this TV say how good it is, with some even commenting on it's gaming performance. I have said to them there may be something amiss with mine but no.
If I do wish to return the television, they will only refund 55% of the purchase price as it has been used.
Is there anything I can do regarding this as they are not willing to budge on their position. Are they taking me for a ride or will I have to suck this up as an expensive (to me) mistake?
Many thanks.
I purchased a Toshiba 55U6763DB 4K television to use in conjunction with my Xbox One X for 4K gaming.
On setting up the television and using it for the first time, I was disappointed to find that it has horrendous input lag, even with gaming mode enabled.
Even worse, when gaming mode is selected, contrast is set at 100%, and all the other functions are locked and cannot be adjusted. This results in an overly bright and garish picture with glow around the edges of anything displayed on screen.
Things got worse when trying to calibrate the television, when I found there is no HDMI black level adjustment, which means that I cannot use the built in calibration mode of the Xbox, with certain parts of the image not displayed because of this.
I have tried to update the firmware, hoping that this would fix the issue, but found the latest firmware is already installed.
I reached out to the retailer saying it's not fit for purpose ,who has replied "tough". I've been told that a television is purchased primarily for watching TV, and as this is not the issue they will not entertain a return.
The reviews on their website relating to this TV say how good it is, with some even commenting on it's gaming performance. I have said to them there may be something amiss with mine but no.
If I do wish to return the television, they will only refund 55% of the purchase price as it has been used.
Is there anything I can do regarding this as they are not willing to budge on their position. Are they taking me for a ride or will I have to suck this up as an expensive (to me) mistake?
Many thanks.
whoami said:
How long have you had it for?
↑↑ This ↑↑If you bought it online there is a right to cancel within a period - 14 days from receipt I think - although you'll pay the return postage.
They do have a point, you did buy an HD TV not a gaming monitor, which are much smaller and much more expensive, but you can still cancel the transaction within 14 days without giving any reason (assuming the retailer you bought it from is in the UK of course).
Product Overview
This stylish 55 inch TV from Toshiba delivers crystal clear, stunning images in 4K Ultra HD resolution. The built in Smart TV technology allows you to stream all your favourite movies and boxsets, while there’s plenty of channels to keep you entertained, with Freeview HD giving you 70 to choose from. With four HDMI ports you’ll never get bored, as there’s plenty of room for your games consoles or Blu-ray player, while you can enjoy even more entertainment by plugging in up to three USB devices too.
My son bought a TV branded as "Smart" from a large high street vendor (a world full of PCs). At home he discovered it didn't support Netflixs.
The next day the shop assistant refuse to exchange it. The manager did agree to exchange it when I explained that I would never walk into his shop again if he didn't help and would enjoy given his store plenty web feedback...
So, make sure you talk to the manager
Moral - buy online. much strong protection.
The next day the shop assistant refuse to exchange it. The manager did agree to exchange it when I explained that I would never walk into his shop again if he didn't help and would enjoy given his store plenty web feedback...
So, make sure you talk to the manager
Moral - buy online. much strong protection.
OverSteery said:
My son bought a TV branded as "Smart" from a large high street vendor (a world full of PCs). At home he discovered it didn't support Netflixs.
The next day the shop assistant refuse to exchange it. The manager did agree to exchange it when I explained that I would never walk into his shop again if he didn't help and would enjoy given his store plenty web feedback...
So, make sure you talk to the manager
Moral - buy online. much strong protection.
To be fair Smart doesn't mean it supports Netflix. The next day the shop assistant refuse to exchange it. The manager did agree to exchange it when I explained that I would never walk into his shop again if he didn't help and would enjoy given his store plenty web feedback...
So, make sure you talk to the manager
Moral - buy online. much strong protection.
98elise said:
OverSteery said:
My son bought a TV branded as "Smart" from a large high street vendor (a world full of PCs). At home he discovered it didn't support Netflixs.
The next day the shop assistant refuse to exchange it. The manager did agree to exchange it when I explained that I would never walk into his shop again if he didn't help and would enjoy given his store plenty web feedback...
So, make sure you talk to the manager
Moral - buy online. much strong protection.
To be fair Smart doesn't mean it supports Netflix. The next day the shop assistant refuse to exchange it. The manager did agree to exchange it when I explained that I would never walk into his shop again if he didn't help and would enjoy given his store plenty web feedback...
So, make sure you talk to the manager
Moral - buy online. much strong protection.
I did expect a shop to be helpful returning a carefully boxed item less that 24 hours old.
Legally I think they were within their rights - hence recommending buying online,.
Just echoing as above really - all about how long you've had it.
At 14 days you're laughing, outside that you're at the mercy of goodwill.
The bold highlighted text above just says "Room for your games console" which the TV has offered.
I've just ordered a new TV and I'll be using a PS Pro with it, however I'm yet to read a poor review on this TV with games, so I feel confident that it will be OK. However, I'll be playing a lot of games over that first week of ownership in case I want to try and return it.
At 14 days you're laughing, outside that you're at the mercy of goodwill.
The bold highlighted text above just says "Room for your games console" which the TV has offered.
I've just ordered a new TV and I'll be using a PS Pro with it, however I'm yet to read a poor review on this TV with games, so I feel confident that it will be OK. However, I'll be playing a lot of games over that first week of ownership in case I want to try and return it.
OverSteery said:
98elise said:
OverSteery said:
My son bought a TV branded as "Smart" from a large high street vendor (a world full of PCs). At home he discovered it didn't support Netflixs.
The next day the shop assistant refuse to exchange it. The manager did agree to exchange it when I explained that I would never walk into his shop again if he didn't help and would enjoy given his store plenty web feedback...
So, make sure you talk to the manager
Moral - buy online. much strong protection.
To be fair Smart doesn't mean it supports Netflix. The next day the shop assistant refuse to exchange it. The manager did agree to exchange it when I explained that I would never walk into his shop again if he didn't help and would enjoy given his store plenty web feedback...
So, make sure you talk to the manager
Moral - buy online. much strong protection.
I did expect a shop to be helpful returning a carefully boxed item less that 24 hours old.
Legally I think they were within their rights - hence recommending buying online,.
As far as "What's Smart?" goes, we bought an LG a while back, and were somewhat miffed to find it didn't have apps installed for ITV or Ch4, and their websites didn't work in the browser. Just assumed... More fool me.
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Short outcome - Roku Express. £30, job jobbed. Netflix on there, too.
You can't return a TV just because it doesn't support your chosen type of gaming, it's a TV, designed to host TV signals. Unless it specifically states it's designed for 4k gaming etc they're well within their rights to tell you where to go. Gaming monitors are expensive for a reason, their frame rate etc are specifically designed for the fast moving graphics of games. It does also depends on the make of TV, i've got an LG and have no problem with 4k gaming, unfortunately a Toshiba is pretty bottom of the line so isn't going to be up to the job anyway
TooMany2cvs said:
The distance selling regs are not intended to replace doing pre-purchase research.
Generally, the intention of the law isn't really relevant. In 2008 the government used anti-terror legislation seized £4bn of Icelandic assets after their banking crisis. The law is the law.My understanding is that distance selling regs means I can decide to return something because I want to. (condition permitting).
I don't give a stuff for alleged intent of the law and if vendors want to do business in this country, they have to abide by the laws.
OverSteery said:
TooMany2cvs said:
The distance selling regs are not intended to replace doing pre-purchase research.
Generally, the intention of the law isn't really relevant. In 2008 the government used anti-terror legislation seized £4bn of Icelandic assets after their banking crisis. The law is the law.My understanding is that distance selling regs means I can decide to return something because I want to. (condition permitting).
I don't give a stuff for alleged intent of the law and if vendors want to do business in this country, they have to abide by the laws.
Rather than saying "Buy online, then you'll be good", save yourself all the ballache, and do the research first, then you won't need to waste everybody's time - and the vendor's money - by returning.
TooMany2cvs said:
OverSteery said:
TooMany2cvs said:
The distance selling regs are not intended to replace doing pre-purchase research.
Generally, the intention of the law isn't really relevant. In 2008 the government used anti-terror legislation seized £4bn of Icelandic assets after their banking crisis. The law is the law.My understanding is that distance selling regs means I can decide to return something because I want to. (condition permitting).
I don't give a stuff for alleged intent of the law and if vendors want to do business in this country, they have to abide by the laws.
Rather than saying "Buy online, then you'll be good", save yourself all the ballache, and do the research first, then you won't need to waste everybody's time - and the vendor's money - by returning.
Not the first time I've misses subtle implication...
Thanks for the replies everyone.
The issue was highlighted within the first couple of days to the online retailer, and there has been a few emails since.
The television is still within the 14 day period, but they are claiming that as it has been unboxed and used, they can only accept a return if I forgo 45% of the purchase price.
I understand gaming monitors are much better, but console gaming is all about gaming from the couch, which this is used for, and is positioned about 10 feet away, hence going for a 55 inch model.
I would certainly get a gaming monitor for my PC, however the 24 inch widescreen dell monitor I've had for the last 9 years does a great job for that.
I sent an email last night to them highlighting the consumer rights act 2015, specifically chapter 2 section 9 (3)(a) which states
(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of that kind are usually supplied;
where I argued that console gaming would be an expected use of a television.
which today got a response saying that on this occasion they will offer to return 70% of the original purchase price.
The issue was highlighted within the first couple of days to the online retailer, and there has been a few emails since.
The television is still within the 14 day period, but they are claiming that as it has been unboxed and used, they can only accept a return if I forgo 45% of the purchase price.
I understand gaming monitors are much better, but console gaming is all about gaming from the couch, which this is used for, and is positioned about 10 feet away, hence going for a 55 inch model.
I would certainly get a gaming monitor for my PC, however the 24 inch widescreen dell monitor I've had for the last 9 years does a great job for that.
I sent an email last night to them highlighting the consumer rights act 2015, specifically chapter 2 section 9 (3)(a) which states
(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of that kind are usually supplied;
where I argued that console gaming would be an expected use of a television.
which today got a response saying that on this occasion they will offer to return 70% of the original purchase price.
If it's within the 14days and you bought online then you don't have to give a reason. You have 14 days to cancel the contract. From gov.uk:
"You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.
You must refund the customer within 14 days of receiving the goods back. They don’t have to provide a reason."
if you paid any part on a credit card then i'd contact them to see if they can assist, but even if the TV isn't faulty, if you made them aware after a couple of days that you've changed your mind then you can return the TV without penalty (although you may have to pay postage if that's stated in their T's and C's).
What do their T's and C's state regarding cancelling goods?
"You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.
You must refund the customer within 14 days of receiving the goods back. They don’t have to provide a reason."
if you paid any part on a credit card then i'd contact them to see if they can assist, but even if the TV isn't faulty, if you made them aware after a couple of days that you've changed your mind then you can return the TV without penalty (although you may have to pay postage if that's stated in their T's and C's).
What do their T's and C's state regarding cancelling goods?
fidzer said:
Thanks for the replies everyone.
The issue was highlighted within the first couple of days to the online retailer, and there has been a few emails since.
The television is still within the 14 day period, but they are claiming that as it has been unboxed and used, they can only accept a return if I forgo 45% of the purchase price.
I understand gaming monitors are much better, but console gaming is all about gaming from the couch, which this is used for, and is positioned about 10 feet away, hence going for a 55 inch model.
I would certainly get a gaming monitor for my PC, however the 24 inch widescreen dell monitor I've had for the last 9 years does a great job for that.
I sent an email last night to them highlighting the consumer rights act 2015, specifically chapter 2 section 9 (3)(a) which states
(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of that kind are usually supplied;
where I argued that console gaming would be an expected use of a television.
which today got a response saying that on this occasion they will offer to return 70% of the original purchase price.
The distance selling regulations are supposed to allow you the same inspection opportunity as you would have in a shop. Whereas it could be argued in a shop you'd be able to see the TV running, it's unlikely they would just happen to have consoles lying around ready for you to test.The issue was highlighted within the first couple of days to the online retailer, and there has been a few emails since.
The television is still within the 14 day period, but they are claiming that as it has been unboxed and used, they can only accept a return if I forgo 45% of the purchase price.
I understand gaming monitors are much better, but console gaming is all about gaming from the couch, which this is used for, and is positioned about 10 feet away, hence going for a 55 inch model.
I would certainly get a gaming monitor for my PC, however the 24 inch widescreen dell monitor I've had for the last 9 years does a great job for that.
I sent an email last night to them highlighting the consumer rights act 2015, specifically chapter 2 section 9 (3)(a) which states
(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of that kind are usually supplied;
where I argued that console gaming would be an expected use of a television.
which today got a response saying that on this occasion they will offer to return 70% of the original purchase price.
However, the DSR don't really go into details and if you're within 14 days you can simply say "I'm returning it". They aren't allowed to start charging re-stocking fees as you are returning it in a "like new" with all original packaging etc.
I believe the return postage is on you (could be wrong on that front).
I'd say an email/call, inform them you're returning it under DSR for full refund and they can expect it back within a further 14 days.
you gave the retailer too much information, you should have just emailed them and said "TV broken, its all glowy and the colors are weird and my xbox doesn't work with it, I want to exchange it init" Job done,
By appearing smart and intelligent you don't get anywhere, be polite and to the point, don't tell them too much or what you thinks wrong with it.
By appearing smart and intelligent you don't get anywhere, be polite and to the point, don't tell them too much or what you thinks wrong with it.
Foliage said:
you gave the retailer too much information, you should have just emailed them and said "TV broken, its all glowy and the colors are weird and my xbox doesn't work with it, I want to exchange it init" Job done,
Hmm. "Broken", "exchange". Another of the same, Sir? Here y'go.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff