Rights regarding faulty TV
Rights regarding faulty TV
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Sir Bagalot

Original Poster:

7,100 posts

211 months

Tuesday 10th October 2017
quotequote all
About 4 weeks ago I bought a Smart TV on ebay. Sold as used but in came in a non original box but had the stand and remote. It was either a return or ex-display.

An educated guess would say it was <6 months old. Ebay seller gave 7 days warranty.

So during use it freezes, has issues with the wifi connection and also powers off. What, if any are my rights? Would the manufacture entertain a warranty claim? Or is it a simple case of moving it on with faults declared?

thescamper

920 posts

256 months

Tuesday 10th October 2017
quotequote all
Consumer Law puts the responsibility on the retailer, however I have found manufacturers have been happy to help in the past, they should be able to date the build by serial number.

Whats the worst that can happen?

mcflurry

9,190 posts

283 months

Tuesday 10th October 2017
quotequote all
I'd log a case with ebay - odds are they'll ask you to return the telly and get a refund..

fatjon

2,299 posts

243 months

Tuesday 10th October 2017
quotequote all
Ring the manufacturer and give them the serial number. Tell them any cock and bull story about how you got it. Came from an elderly relative who died, no idea where it was bought but it's less than a year old. They will probably send a courier out for it and fix it or send you a new one.

I have had this situation a couple times, once with a projector and once with an Onkyo amplifier. In both cases this was the outcome after they checked the serial number. Of course if they check it and it's ancient you are screwed but then you can take it up with Ebay and/or the seller.


silentbrown

10,919 posts

146 months

Tuesday 10th October 2017
quotequote all
Private seller, or a real trader?

Grab a copy of the ebay listing as evidence, but if it's a private seller I think it just has to be "as described". If it's described as "fully working" or "fault free" then the seller's warranty is pretty irrelevant.

Sir Bagalot

Original Poster:

7,100 posts

211 months

Tuesday 10th October 2017
quotequote all
Business seller.

TV also went to Uni with my daughter and I'm not planning on picking her up with the car until December. Luckily she did keep the box!

Sir Bagalot

Original Poster:

7,100 posts

211 months

Tuesday 10th October 2017
quotequote all
ok, an update.

Manufacturer not playing ball. Referred me to ebay seller.

So. Seller local to me. Ish. TV now 200 miles away.

Next step?

Wacky Racer

41,363 posts

277 months

Tuesday 10th October 2017
quotequote all
Sir Bagalot said:
ok, an update.

Manufacturer not playing ball. Referred me to ebay seller.

So. Seller local to me. Ish. TV now 200 miles away.

Next step?
Well you can't expect the seller to do anything when it is 200 miles away...that's not his fault.

You'll have to get it back to him somehow...maybe a carrier?

Perhaps he can repair it, he'll certainly need to see it.

smile

Sir Bagalot

Original Poster:

7,100 posts

211 months

Tuesday 10th October 2017
quotequote all
Wacky Racer said:
Sir Bagalot said:
ok, an update.

Manufacturer not playing ball. Referred me to ebay seller.

So. Seller local to me. Ish. TV now 200 miles away.

Next step?
Well you can't expect the seller to do anything when it is 200 miles away...that's not his fault.

You'll have to get it back to him somehow...maybe a carrier?

Perhaps he can repair it, he'll certainly need to see it.

smile
Agreed, but what are my rights with this seller considering they clearly state 7 days warranty in the ad?

BlueHave

4,726 posts

138 months

Wednesday 11th October 2017
quotequote all
A return for a refund is the best you can hope for. Surely the seller will pay return postage.

(sorry if this feels like a stupid question) but

Why can't you email your daughter a prepaid postage label and get her to send it back to the seller.

Once he accepts a return eBay will make him send a tracked return label.

PurpleMoonlight

22,362 posts

187 months

Wednesday 11th October 2017
quotequote all
Sir Bagalot said:
Agreed, but what are my rights with this seller considering they clearly state 7 days warranty in the ad?
UK law trumps retailers t&c's.

Have you actually contacted the retailer about this?

xxxyyyzzz

255 posts

116 months

Wednesday 11th October 2017
quotequote all
Sir Bagalot said:
About 4 weeks ago I bought a Smart TV on ebay. Sold as used but in came in a non original box but had the stand and remote. It was either a return or ex-display.

An educated guess would say it was <6 months old. Ebay seller gave 7 days warranty.

So during use it freezes, has issues with the wifi connection and also powers off. What, if any are my rights? Would the manufacture entertain a warranty claim? Or is it a simple case of moving it on with faults declared?
This can be a poor WiFi service, maybe check that out first. Power off could be from inactivity waiting for the WiFi to connect. I had a TV that did the same. Added a second WiFi network closer to the TV, hey-presto! TV worked fine.
May not be your issue of course but there-you-go.

KevinCamaroSS

13,841 posts

310 months

Wednesday 11th October 2017
quotequote all
PurpleMoonlight said:
UK law trumps retailers t&c's.

Have you actually contacted the retailer about this?
What does the law say about used items?

valiant

14,220 posts

190 months

Wednesday 11th October 2017
quotequote all
Have you tried a firmware update?

We had this with a new telly - would freeze and lose volume. Called John Lewis to complain and get a replacement and was advised to try this first. Been as good as gold since, never realised you could do this with a telly! ( teach me not to read the bloody manual...)

mikeveal

5,129 posts

280 months

Wednesday 11th October 2017
quotequote all
KevinCamaroSS said:
PurpleMoonlight said:
UK law trumps retailers t&c's.

Have you actually contacted the retailer about this?
What does the law say about used items?
Everything changed when the SOGA was replaced with the consumer Rights Act.

Good summary here from Mr. Lewis, or one of his minions:
http://www.moneysavingexpert.com/shopping/consumer...

As a business trader, the seller can not limit warranty to 7 days.

Next steps,
Route 1:
Raise a ebay claim for faulty goods.

Route 2:
Contact seller and request a repair or replacement. When the seller refuses, you must send a letter before action, give the seller 28 days from receipt of the letter to accept the return of the goods and to refund in full.

Should the 28 days expire, open a claim using moneyclaimonline for a full refund. Take the seller to the small claims. Get the ruling enforced by bailiffs and fail to get any money back as the seller pheonixs their business.

Route 3:
Send all documentation to your credit or debit card provider and insist on a chargeback. Assuming you spent over £100, the credit card provider is obliged to refund you (see Consumer Credit Act). Many people don't realise that debit card providers operate a similar scheme, it is voluntary(not legislated), but if you push they will refund you.

Helpful?

48k

17,472 posts

178 months

Wednesday 11th October 2017
quotequote all
Did it work at home before it went away with daughter?

Sir Bagalot

Original Poster:

7,100 posts

211 months

Wednesday 18th October 2017
quotequote all
I've had resolution on this now.

Before I give you an update I'll answer some Q's. Of course it was working before, I tested it and all was well. I did check for any firmware updates.... I think. I bought an aerial lead and posted it off so she could test it under normal TV operation.

It was going to be a pain as TV 200 miles away. The joys of buying secondhand.

All resolved now as it no longer freezes or powers off. No, it didn't self heal. The dozy bint tripped over a wire which brought the TV to the floor. Surprisingly it now has a crack on the screen and doesn't power onlaugh Said dozy bint asked if I can claim on insurancelaugh It's a £100 odd TV, that's not the way insurance works.

She was informed that the next TV she gets will be paid for by heryes