Tesco wont replace broken TV

[terry_gardener]

Was the telly bought instore or was it bought through tesco direct and collected from a store? I would guess they will be two different trading entities and buying from tesco direct will cause a much more convoluted returns process akin to buying from amazon. Ianal but I would guess after 10 weeks you have accepted the goods and have to give the retailer/ manufacturer a fair time in which to attempt a repair, ball ache but there you go, i can't see anyone accepting a hardship claim because you can't watch corry on a big screen, sorry.

i am not trying to claim hardship that i can't watch corrie on big screen. dont like corrie anyway and it is only 32" so it is not that big.
if any product like tvs, laptop, computers etc you would expect them to last alot longer than 10 weeks and anything the dies in such a short piece of time has something fundamentally wrong with it to die so soon after purchase and i would expect an replacement. probably you are going to find that it is going to keep breaking again and again and i don't want to be going throught this every few months.

years ago i bought a laptop from comet and after about 10-11 months it stopped working so i took it back and it got repaired and it took 6 weeks to repair and then couple months later it went again and took it back and got it repaired again took 6 weeks and then couple of months later it went again so took it back and got an replacement.what i am trying to say is when something goes so quickly it will keep going time and time again until it is replaced.

and yes it was bought from tesco direct and collected in store.

 

[vernon]

Just a thought,

Was the TV purchased with credit card?

The card company might be able to assist.

 

[marinyork]

As it is a Toshiba which is an incredibly common brand with dedicated places to talk about it you can look up the model on-line and find other information about it. It is possible that it might break again and again as you seem to put it as could be a design issue. However this seems to be quite unlikely on the face of it with no further information. You simply have no solid evidence to believe this is the case.

That doesn't mean that I don't think it shouldn't be replaced immediately or ask for a refund - which is upto you.

 

[oldfatfool]

From the WHICH site:

If you want your money back

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.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
For more information on court action, read our guide on taking a claim to the small claims court.


Usually kicking up a stink in shop would get you around the 3-4 weeks and get you a replacement,however because the goods where bought via Tesco direct, the store will effectively have no 'ownership' of the problem, you didn't buy it from them. Not sure where another online retailer would stand on this, some would replace as a matter of goodwill others would say contact the relavent manufacturer. Whilst your contract is with Tesco Direct I would argue that it would be of greater inconvenience to you for them to collect your telly and then forward it to the manufacturer, than it is for them to arrange the manufacturer to collect in the first place.

If the repair fails and fails again then you would have a claim for a refund.

 

[Over The Hill]

Sorry but I would see the situation rather differently.
One set of rules apply to a brand new item. It should work when you take it out the box and do the job it was sold for. If it does not then you are able to claim a replacement or money back.
Second set of rules apply to goods that later develop faults. In such cases the retailer is within their rights to arrange to repair the item rather than replace it with a new one. It is only further down the line if they cannot make the fault good that you can deem the item not fit for purpose.
You are applying the rules for a new item and they are applying the rules for an item that later develops a fault. I think as it is three months in, they are probably on safe ground.

If you go by your way of thinking then look at what would happen if you bought a car. Nine months later say the petrol gauge breaks and they have to give you a new car!!

I think they need to be given a chance to put it right.

If you want bad service try Bensons Beds. Shop you buy it from refuses to talk to you. Head office just fob you off and deny any fault. Then even when you take them to court they wait until the day before the hearing to deal with it.
Upshot was I got my money back on a 2 year old mattress plus court fees and £50 extra i claimed for my time.

Hope you get it sorted.

 

[vernon]

From the WHICH site:

If you want your money back

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.

You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
For more information on court action, read our guide on taking a claim to the small claims court.


My red

Usually kicking up a stink in shop would get you around the 3-4 weeks and get you a replacement,however because the goods where bought via Tesco direct, the store will effectively have no 'ownership' of the problem, you didn't buy it from them. Not sure where another online retailer would stand on this, some would replace as a matter of goodwill others would say contact the relavent manufacturer. Whilst your contract is with Tesco Direct I would argue that it would be of greater inconvenience to you for them to collect your telly and then forward it to the manufacturer, than it is for them to arrange the manufacturer to collect in the first place.

If the repair fails and fails again then you would have a claim for a refund.

I said as much earlier on in the thread but no-one wants to believe it.

Like the poster later on in the thread said, it's a fault that if it can be repaired, it will be and if not, it will be replaced or refunded. I really don't think that the claim for a refund is supported by law but IANAL.

 

[Cyclist33]

This may be true but it's irrelevant, as such justifications push Tesco's responsibility back on the customer, whereas Tesco as the retailer/supplier should be accepting the liability and offering a refund or replacement. If Tesco then want to spend 3 weeks, or more, or whatever period of time it would take to diagnose and repair any faults on the item and ensure no further faults are brought about, then that would be up to them but to say to the buyer "you'll have to shoulder the inconvenience and uncertainty during that period" is pretty much bang out of line.

It would be quite different if the item was 9 months old as it would fall outside of the 6 month Sale of Goods Act window so yes in such a case then Tesco's warranty or the manufacturer's warranty would come into play, for which Tesco may be entitled to say "soz mate, it will be repaired when it is repaired and I couldn't be precise on how long it will take". Not being a Tesco customer I don't know if they offer any sort of incentive on their warranties, but it doesn't sound like it.

Yes they should replace it (as in instore).

However modern tvs are a nightmare for this sort of thing (beyond failure) if you lengthen the time period beyond this and talk about other minor features that should have legal protection. There are so many connections and features that could go wrong or start playing up. Even with a decent warranty the arguments and process and length of time for sorting things out can sometimes be long. 3 weeks is not them talking codswallop or trying to be nasty to you, it is a completely normal length of time for turnaround I'm afraid. Sometimes it takes even longer than this. It can be very problematic sending products back for minor issues as sometimes the tv or replacement may return with the same or a different fault or be damaged in transit. Nor are manufacturers all evil and uncaring people, sometimes tvs are replaced for newer models which are better and would have cost more at the time. Retailers and manufacturers are however very aware of the cottage industry in sending stuff back trying to get a refund or newer replacement just before particularly warranties (doesn't apply here) run out. The outcome can vary a lot.

The moral of the story is probably that unfortunately some retailers aren't really suitable to sell tvs and various other things. Also if things go wrong then yes, it's a serious inconvenience. It's why some people shell out some serious money in warranties on top of their legal rights in the hope that it won't be so bad. Even that doesn't help much sometimes.

 

[Archie_tect]

I bought a TV from the in-house on-line shopping collection point in Tescos which broke within a day of setting it up. Took it back and they told me they no longer had any more of that model and offered me a replacement of a higher spec and then asked for £80 more to cover the difference.... like an idiot I paid it. When I checked on line I could get the same TV £100 cheaper in John Lewis and with a 5 year warranty included [cf Tescos 2 year warranty.]
I rang Tescos to tell them of the price difference and asked them to price match which they refused. I couldn't be bothered with repacking the TV in it's box and then the long trek back to Tescos and then a visit to John Lewis in Newcastle..... but will never willingly buy another thing from Tescos.

 

[marinyork]

This may be true but it's irrelevant, as such justifications push Tesco's responsibility back on the customer, whereas Tesco as the retailer/supplier should be accepting the liability and offering a refund or replacement.

It is irrelevant in this case, I was speaking more generally. However the person has already recalled how he thinks the product may break repeatedly (in which case sadly it became highly relevant) so I think it was well worth posting. Unfortunately retailers do this sort of thing. I believe also what I wrote is instructive for less serious problems than total failure, where unfortunately it's an extremely grey area what should happen. There's a very big gap between what should happen and what does happen.

Even a replacement from tescos may not be as fast as terry gardner is suspecting. There are all sorts of things that could go wrong. What if it was an old budget model and stock has run out or been discontinued? What happens then? They might give him a replacement that wasn't the same. It might be Tuesday or Wednesday for larger items to arrive at the store. Is this reasonable or not? What if the delay getting a replacement is even longer? Does that perhaps mean that some retailers aren't suitable to sell such items? Maybe. Should there be some other contingency? Probably. For all these reasons and others they lean towards sending it back to the manufacturer.

 

[classic33]

The OP's contract is with Tesco's. Their's is with whoever supplied them the goods, not always a direct shipment from the supplier.
He has the right to repair or replacement under the sale of goods act. However, Tesco's(or any other retailer) have the right to inspect the goods to see that the failure wasn't caused by something that was done by those using it. There are set time frames for this to be carried out.
One other option, if available to the OP is to price up a similar product elsewhere & take that with them when they go back to the store. Making it clear that they will be purchasing one else where & billing Tesco's for it on top of the loss of the origional product. Include in this the cost of delivery & actually getting to the place to check that the item is in stock. Do not trust online sites for this part, it needs to be ready for collection/delivery then & there.

When can a customer claim a refund, repair or replacement – what the law says
Customers return goods to retailers every day and many of them ask for refunds.

Circumstances when customers do not have a legal right to a refund, repair or replacement

Customers do not have a legal right to a refund, repair or replacement from you if they

• accidentally damaged the item
• misused it and caused a fault
• tried to repair it themselves or had someone else try to repair it, which damaged the item
• if they knew it was faulty before they bought it
• if they decide they no longer want the item (for example it's the wrong size or colour, or does not suit them).

There are a few exceptions to this rule, including goods sold by mail order or over the internet - see the section Your customers' rights when they buy goods online, by telephone or by mail order - and some goods sold to a customer during a visit to their home.
Circumstances when customers do have a legal right to a refund, repair or replacement

Customers do have a legal right to a refund, repair or replacement if an item they purchased

• does not match the description
• is not of satisfactory quality
• is not fit for purpose.

Each of these circumstances would mean that the item does not conform to contract and therefore it can be described as faulty. The next section of this guide, Your responsibilities as a retailer, provides a full explanation.

If you point out a fault to a customer and they are able to inspect that fault before they make a purchase, their purchase means they have accepted the fault and they cannot claim their legal right (outlined above) in relation to that particular fault.

Faulty goods – your customers’ rights
Acceptance
Customers are entitled to reject goods if they are faulty (do not match the description, are not of satisfactory quality, or are not fit for purpose) and receive a full refund if they have not yet accepted the goods.

Before a customer is believed to have accepted the goods they have purchased, the law allows customers a reasonable opportunity to inspect or examine the goods and this should take place within a reasonable time.

For items sold in a shop, it is important for retailers to know that inspecting them in a shop is often not considered a reasonable opportunity. This is due to the restrictions of packaging and in-store display in allowing a customer to identify a problem or a fault.

For items being delivered, it is important for retailers to know that signing a delivery note is not acceptance as it does not allow the customer a reasonable opportunity to inspect the goods and identify any problems or faults.

The law does not give a time limit for acceptance. When trying to decide if a customer has had a reasonable opportunity to inspect their goods, consider what an impartial person in a court would think reasonable for that product in the circumstances.

Faulty goods that have been accepted
If the item does not conform to contract (is faulty) for any of the reasons outlined and the customer has accepted the goods, the law says the customer is entitled to claim a repair or replacement of the goods in the first instance.

If either a repair or replacement is not possible, or the cost is greater than the value of the item (disproportionately costly), or the customer claims either option is taking an unreasonable amount of time or is causing unreasonable inconvenience, the customer is then entitled to

• keep the goods and claim a price reduction from the retailer to compensate them for the fault in the goods - this would be the difference between the value of the product in perfect condition and the value of the product in the faulty condition, or
• return the goods and rescind the contract. This would mean that the customer returns the goods and you provide a partial refund, calculated to reflect the benefit the customer has received from the product.

Where a customer is entitled to repair or replacement because they have accepted the goods, they can claim price reduction or partial refund if the repair or replacement is

• taking an unreasonable time, or
• causing an unreasonable inconvenience, or
• if the repair or replacement is not satisfactory when they receive it.

When you calculate price reductions or partial refunds, think about what an impartial person in a court would think is a reasonable amount.

Proving a problem
Included in the law is a section on burden of proof. This outlines whether you are entitled to ask a customer to prove that an item was faulty when they bought it from you.

The details of the law are explained opposite. If you are considering asking a customer to prove that an item was faulty when they bought it from you, it is important to consider what proof an impartial person in a court might feel was required. For example, someone in a court might accept that a simple customer statement saying that their item did not work correctly would be sufficient proof.

Requesting a refund
If a customer wishes to reject or not accept faulty goods, you are entitled to ask the customer to prove the goods were faulty when they bought them from you. If they are able to do this, they are entitled to a full refund.

Requesting a repair or replacement
If a customer has accepted the goods and is requesting a repair or replacement because the goods are faulty, the onus on who is required to prove the problem depends on how long ago they purchased the item.

Under six months - the customer does not have to prove the item was faulty when they bought it from you. If you disagree it is up to you, the retailer, to prove the item did conform to contract (or that the fault did not exist) at the time of sale.

Over six months - you are entitled to ask the customer to prove the item was faulty when they bought it from you. If they are able to do this they are entitled to a repair or replacement.

Consequential loss
If a customer suffers personally because of a problem with an item, they may be able to claim damages (money to make up for it). This is called consequential loss. One example would be if a customer had to pay out more money (perhaps to hire another item) because of a faulty item that you sold them.

A more serious example would be if they suffered injury or damage because of a faulty item.

A customer who claimed damages for consequential loss would be expected to have tried to resolve the issue with the retailer first.

Claims for consequential loss do not normally cover distress, inconvenience or disappointment.

 

[Oldspice]

Tesco have been kind to me, even though they didn't have to. I bought some printer ink £55, at the self payment machines as well as other shopping products. Got home and no printer ink in my bag or my panniers, so i figured that i had left it on the side and dashed back.

I asked the staff if they had found a printer ink on the side but no one had. A member of staff even checked the box of returns (things people decided what they don't want once they get to the checkout)

A manager asked if i still had my receipt and credit card on my, which i handed over and they asked which till i used, which i pointed to. Few mins later i am leaving the store with a new ink cartridge, i offered to pay but i was told not to worry about it.

They really didn't have to do that, i still would have purchased another pack and used the store, but i do appreciate the store helping me.

 

[craven2354]

My dads normally good at sorting stuff like this out he'll go in at about 10 am on a Saturday and will just cause a big fuss it may be a hassle but when you ask for the supervisors supervisor you normally get it sorted pretty quick as they don't want the customers to see them trying to fob you off we had a problem with b&q once when we had ordered 100 rolls of insulation as it was going really cheap when we came to pick it up 3 weeks later the supervisor said it had been sold and we would have to wait 4-8 weeks for the next batch to come in. I think we were there for about 2 hours but the next day we got it delivered to our door

 

[ASC1951]

The determinant is whether or not the 'life' of the item is reasonable, given cost and usage factors. The courts have held in a number of cases that for major ticket items such as TVs and white goods such as fridges and freezers 'reasonable' life exceeds the statutory six years. For other, heavy use items, such as washing machines, the courts have held that it will be shorter than the statutory period.

Yes, I know that. And if you did, why did you post without qualification that a consumer has a right to a repair or replacement for six years?

 

[Crankarm]

If this thread is full of contradiction, there is one thing that is clear, that is DO NOT buy a TV (or anything else) from Tescos.

Nb. I don't shop at Tescos. This thread has confirmed my view of the company. Avoid.

 

[Over The Hill]

If this thread is full of contradiction, there is one thing that is clear, that is DO NOT buy a TV (or anything else) from Tescos.

Nb. I don't shop at Tescos. This thread has confirmed my view of the company. Avoid.

Or it is a thread with people trying to apply the rules for a new item on an item that did work for three months and is now broken. Tesco are doing exactly as they are supposed to as far as I can see (and the same as any other retailer would).