Bought tv, arrived damaged
Bought tv, arrived damaged
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Discussion

dba7108

Original Poster:

738 posts

198 months

Wednesday 2nd December 2015
quotequote all
Bought a tv from large UK company, arrived with light cracks on screen, phoned them and they said I need to speak to manufacture who will replace. I advised already bought a replacement as mounting tv in the wall and plasterer coming today. They said I must speak to manufacture. I said Ive bought it off you not Sony.

Where do I stand. I used my credit card to pay.

mattley

3,039 posts

252 months

Wednesday 2nd December 2015
quotequote all
Assuming you didn't buy in store and arrange delivery Distance selling regs apply and you can just send it back.

Stoofa

959 posts

198 months

Wednesday 2nd December 2015
quotequote all
Easiest option is distance selling as said above - full refund.
Even if you were after a replacement, contract is with seller, not manufacturer.
Just contact them, tell them you are returning it under distance selling regulations - return, job done.

surveyor

18,705 posts

214 months

Wednesday 2nd December 2015
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Mojooo

13,291 posts

210 months

Wednesday 2nd December 2015
quotequote all
Consuemr rights act 2015 is the right tool for faulty goods

Under distance selling (consumer contracts) -you only send back goods as new or after doing what is necessary to inspect as you would in a shop

if you just send a broken TV back they can refuse to refund under the Consuemr Contracts Regs

You need to reject it under the consumer rights act 2015.

dba7108

Original Poster:

738 posts

198 months

Monday 7th December 2015
quotequote all
still cant get a refund. They keep emailing me saying they need to check with their vendor and did i sign for the tv as "damaged". I didnt, as I had no way of checking if it was damaged. In hindsight is it worth putting "not checked" on delivery notes?

eybic

9,212 posts

204 months

Monday 7th December 2015
quotequote all
dba7108 said:
still cant get a refund. They keep emailing me saying they need to check with their vendor and did i sign for the tv as "damaged". I didnt, as I had no way of checking if it was damaged. In hindsight is it worth putting "not checked" on delivery notes?
That's crap, there will probably be a small disclaimer on the transport company's docket saying that by signing you agree that there are no damages to the items. "Unchecked" should cover you in future.

Cerberus90

1,553 posts

243 months

Monday 7th December 2015
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Does the retailer sound like Berry?

We had a similar experience with above mentioned retailer over a tablet that repeatedly broke, had to go to manufacturer as they just wouldn't have it. After the third manufacturer repair we traded it in for a Linx.

Rude-boy

22,227 posts

263 months

Monday 7th December 2015
quotequote all
eybic said:
That's crap, there will probably be a small disclaimer on the transport company's docket saying that by signing you agree that there are no damages to the items. "Unchecked" should cover you in future.
Unless you take it out the box and make sure that it is fully working before signing you should always add "Signed unchecked" ESPECIALLY when computers and electronic gadgets are concerned and doubly so if the retailer does not have a high street shop you can easily visit...

dba7108

Original Poster:

738 posts

198 months

Monday 7th December 2015
quotequote all
NO, not Berry. Sounds like Disco. Anyway the customer service is cack. I might contact my bank, try and get them to sort things. I had an issue couple years ago with a broken radio, bought from John Lewis. That was sorted the same day, no quibble.

GreatGranny

9,519 posts

256 months

Monday 7th December 2015
quotequote all
Disco always try to fob you off by saying the fault is with the Manufacturer.

They are the retailer. First port of call is with the shop you purchased it from.

Keep hassling them. Use social media. Found this very effective recently when dealing with Berries :-)

I've taken 2 TVs back in the last 6 months. Both due to me not being happy with the picture quality.
Both times I have been given a full refund with no questions asked.
That was Sainburys and Aldi.
Both small local stores.

stevensdrs

3,264 posts

230 months

Monday 7th December 2015
quotequote all
The credit card company is jointly liable for the contract of sale if the item cost more than £100. If the retailer won't play ball under the consumer rights act, contact the credit card company and have them chargeback the payment to the retailer

zedx19

3,050 posts

170 months

Monday 7th December 2015
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Speak to your credit card company if you're having no luck with the company you purchased from.

eybic

9,212 posts

204 months

Tuesday 8th December 2015
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I think the issue you may have is that the item is damaged, not faulty as such. This is why the retailer is playing hard ball as they will have an agreement with the transport company. Written into that agreement will be something about damaged items, the problem with this case is that as far as the transport company are concerned, the item was delivered in good condition and it sounds like you signed to confirm this.

Technically the TV isn't faulty as in a manufacturing defect, it's damaged so if anyone was to be pursued it's the retailer but they may not accept it was damaged when delivered due to the above.

glasgowrob

3,349 posts

151 months

Tuesday 8th December 2015
quotequote all
disco? sorry not getting it, not enough coffee in me yet.


but as said above chargeback if paid via CC else get onto social media, Facebook/twitter etc and explain the situation and their legal responsibilities and their shirking of them.


most companies don't like airing dirty laundry in public and will sort it straight away

dba7108

Original Poster:

738 posts

198 months

Tuesday 8th December 2015
quotequote all
Misco!

Funkycoldribena

7,379 posts

184 months

Tuesday 8th December 2015
quotequote all
eybic said:
I think the issue you may have is that the item is damaged, not faulty as such. This is why the retailer is playing hard ball as they will have an agreement with the transport company. Written into that agreement will be something about damaged items, the problem with this case is that as far as the transport company are concerned, the item was delivered in good condition and it sounds like you signed to confirm this.

Technically the TV isn't faulty as in a manufacturing defect, it's damaged so if anyone was to be pursued it's the retailer but they may not accept it was damaged when delivered due to the above.
What are you on about???I see where the word "wibble" comes from now..


Retailer should replace-end of.

megaphone

11,692 posts

281 months

Tuesday 8th December 2015
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It's been damaged, it's not faulty. The retailer is not going to accept responsibility easily, and why should they? How do they know the OP has not dropped the TV whilst setting it up? Was the box damaged? If not it will be very difficult for the OP to prove the damage was already there.

Hopefully he has paid on a credit card, possibly it will have some insurance attached.

Nickyboy

6,825 posts

264 months

Tuesday 8th December 2015
quotequote all
This is why we stopped carrying large TV's. Damages were high and a lot of the time it was impossible to prove whether it was transit damage or customer damage after delivery. We also had numerous claims from people who would ship a damaged TV then claim for a new one when it got to the other end. They and their packaging are not designed for mass shipment in the parcel network, should always be 2 person delivery but we know it's down to cost at the end of the day.

As someone else said unless you take it out the box and plug it in it's often hard to tell whether it's been damaged. No delivery company will let you do that. The retailer is being a tt nothing more.

camelot1971

2,859 posts

196 months

Wednesday 9th December 2015
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I just had a 65" TV delivered and the retailer insists the TV is unpacked and turned on by the delivery company before you sign for it.

While I can empathise with the OP, I can understand why the retailer would not want to take back a damaged TV when its been signed for as received ok.

I would imagine an engineer would be able to tell how it was damaged?