Tesco wont replace broken TV

[terry_gardener]

my parents bought a tv from tesco direct end of august 2012 and it broke this morning it wont turn on or anything. they took it back to the store today for a exchange and they wont accept it back, they are saing that because it is over the initial 28 days we have to get toshiba to pick it up and fix it, which would mean toshiba picking it up on tuesday (eariest day) and taking upton 10 days to fix it, they said that they don't want it fixing and wants it replacing but tesco say it is not there policy to do this.

they came home and phoned WHICH up and they put them through to the legal department and they said under the sales of goods act you are entitled to a replacement and to take it back to the store and if you don't get satisfactory reply. phone the which legal department back and they will sort it out.

when i came home they told me tescos response i said the same thing that they have broken the law (sales of good act) so we took the tv back to the store and when we explained it is against the law under the sales of goods act they basically said they have there own laws/policies that they have to abide by and they can only arrange toshiba to come out and pick up the tv and fix it as it is over the 28 day period and it is toshibas responsibility to sort it out.

so i said again the under the sales of goods act which is UK law you need to replace the tv not just fix as it is not fit for purpose and we will be getting legal assistance to sort this out and there reply was this is not our policy.

i am so annoyed with tesco at the moment and i will not buy anything from them again.

 

[deanE]

Buying from Tesco is so taxing, well, not for them, obviously.

 

[vernon]

so i said again the under the sales of goods act which is UK law you need to replace the tv not just fix as it is not fit for purpose and we will be getting legal assistance to sort this out and there reply was this is not our policy.

i am so annoyed with tesco at the moment and i will not buy anything from them again.

How long do you think it will take for legal assistance to obtain the answer that you want?

 

[Cyclist33]

Under the sale of goods act your contract is with tesco not toshiba. They are obliged to either prove the defect is your doing, which would be impossible for them to do, or to accept total responsibility and replace or refund the item.

It is completely irrelevant whether or not they have policies of their own. You know the phrase "this does not affect your statutory right"? That's basically what it boils down to. Your legal right is to have tesco replace the product or refund you. They know this back to front so don't let them fob you off with bullshit! You need to stay polite, put it in writing to tesco and inform them that if they don't follow the law you will report them to the ombudsman. If they bullshit you further, go good on that threat and contact consumer direct, office of fair trading and any other officials you can think of.

Good luck.

Stu

 

[snorri]

T**** ? I've had no problems with them in the nine years since my boycott of Tesco started.

 

[terry_gardener]

How long do you think it will take for legal assistance to obtain the answer that you want?

that is not the point it is standing up for what is right not just be fobbed off

 

[vernon]

that is not the point it is standing up for what is right not just be fobbed off

Even if it takes several weeks before Tesco are forced to take action?

From a page on the Which web site, Tesco do appear to be in the right:

If you buy a product that turns out to be faulty, you can choose to reject it which means you can give it back and get your money back.
But, the law only gives you a reasonable time to do this – what's reasonable depends on the product and how obvious the fault is.
However, even with major purchases or complex items, it’s safest to work on the basis you usually have no more than three to four weeks from when you receive it to reject it.
For more information read our guide on returning goods.
Did you pay by credit card? If so, read our guide on your rights when paying by credit card.
Getting a faulty item replaced or repaired

You have the right to get a faulty item replaced or repaired if it's too late to reject it. You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'.
If the seller doesn't do this, you're entitled to claim either:

• a reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called recision).

If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.

 

[Cyclist33]

I think it would be perfectly reasonable of the customer to say that in the case of a family television, ten days or more would cause "significant inconvenience", and in any case if toshiba are saying they don't want to repair it then you've got retailer and manufacturer in disagreement but this should not rub off unfairly on the customer.

The buyers contract is with the retailer so the matter of how the item gets repaired, or by whom, is not relevant to the buyer. If the mechanism/process for repair leads to significant inconvenience for the buyer then it should be unacceptable and a replacement offered.

Stu

 

[JoeyB]

I'm surprised by this thread. I work for an IT Solutions company and we are also a hardware reseller. Generally we can only return items direct to supplier (in this case Tesco) if we identify a fault within a short time frame during our initial DOA testing. If a fault occurs beyond that timeframe we have to contact the Manufacturer to arrange warranty replacement / repair etc (in this case Toshiba).

Is consumer land different to commercial land?

 

[terry_gardener]

when we went into the store this evening and asked again the team leader phoned the tesco direct helpdesk up and they said they would need to get toshiba to pickup the tv and fix it. the date they said it will be picked up was tuesday and then take it away to be repaired and then return it. the store said that, you might as well call it 3 weeks then.

when we phoned toshiba direct up this morning they said if the TV can't be fixed over the phone then it needs to be replaced by the retailer.

so tesco said they will get it fixed by toshiba but will take about 3 weeks in total.

my mam is phoning back the lawyer she spoke to this morning from which as requested and see what he says, but he said this morning they need to replace it and to phone them back if they don't.

 

[growingvegetables]

i am so annoyed with tesco at the moment and i will not buy anything from them again.

Join the many happy others who would never, ever, ever touch Tesco with a bargepole.

The saga of my daughter's Blackberry ended up with Blackberry replacing her phone - even though Tesco "engineers" had rendered it unrepairable. Hey - brilliant of Blackberry to stick with us through the saga and see us right.

But Tesco? Not forgotten, not forgiven, and NEVER bought from them again.

Edited to add - ime, Tesco floor staff are probably even more angry and frustrated at getting the run-around from their own company's "help"-desks.

 

[Crankarm]

A few things.

Sale of Goods Act 1979 amended 1982. Your contract is with the retailer, in this case Tescos NOT the manufacturer Tescos. It appears they are infringing your STATUTORY rights.

Goods must be of suitable quality, fit for purpose, free of minor defects and faults, fit for purpose, durability etc.

If in the first 6 months a product develops a fault then the burden is on a RETAILER to prove the items were of suitable quality rather than you the consumer to prove they were not. After 6 months then you the consumer have to prove that the item was not of suitable quality ie the burden of proof is reversed.

However when a product has developed a fault you have a REASONABLE time to inform the retailer from whom you bought the item, generally 28-30 days. Outline the nature of the fault to the retailer and most importantly where appropriate, depending on the fault, a suitable time for them to collect and inspect the item and either repair or replace it. Generally if an item develops a fault within the first 28-30 days then you are entitled to a new replacement. After this time a retailer is entitled to collect, inspect and repair or offer a suitable replacement appliance of similar age. To resist allowing them to collect and inspect may well compromise any claim you may bring against them. Tescos themselves will have an arragement with the manufacturerer to deal with warranty issues as they will not have the expertise to inspect an item such as a TV unless a fault is blatantly obvious.

If you feel you are being fobbed off I would suggest you contact the store and request to speak with the store manager. You might also choose to go in when the store is really busy ie a saturday mid morning and ask to speak with the manager for the day. Be polite and courteous, but also be assertive and most importantly speak LOUDLY. This will get you what you desire - a replacement or refund as they wil NOT want other customers hearing as this will be bad publicity for them

If this fails which I can't see why it would not, it worked for me when one of their 2 litre milk bottles ruptured in my BRAND new fridge freezer about 14 years ago leaking into all the new seals of the door. So I got them to pay for a new replacement door which they did. It cost them £128.00 plus £50 for inconvenience and the morning off work for it to be fitted. They paid up without any hassle. I dealt with the store assistant manager.

If all else fails then take to Twitter. You will get a prompt call from their Press Office / Cust Services asking how they can resolve the matter to your satisfaction? Be bold but don't libel them. Be truthful.

Good luck.

 

[ufkacbln]

Saturday morning is your friend!

Take it in on a Saturday morning and be polite, stating that it is your legal right for an exchange and be firm

Losing custom as people see someone getting a bum deal is an amazing incentive to sort it out!

 

[The Jogger]

They are quick to take your money but when the goods they sell you become faulty, they're not so quick to rectify the problem. I stopped going in Tesco years ago.

 

[Drago]

Small claims court for the cost of a new tv. Print the form off the web, take it to the shop and serve a photocopy with a letter explaining that as his statutory legal rights are being ignored you have no choice but to sue for a replacement.

Odds are you'll have a new tv that day, and in the unlikely event they don't they'll soon have the cash for a new one.

Don't try any of that speaking loudly crap - it's just as likely to have the manager on the phone to the police, or have security remove you, and no matter how righteous you are any onlookers will simply then presume you're a troublemaker. The object of the exercise is to get a new tv, not get banned from the store. Do it properly.