Tesco wont replace broken TV

[classic33]

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).

How do you know the fault is there if it inside the item.
You open the item to find the fault, you are effectivley waiving your rights due to the retailer being able to say that you caused the problem. Whether you did or not is another matter.
Define "a reasonable time to detect any fault/defect", which the laws says you, as the purchaser, have the right to.
The problem is as things become more complicated, the harder it is to trace any fault. Until that fault shows itself in a way that you can understand, in most cases the item will simply stop working.

 

[marinyork]

How do you know the fault is there if it inside the item.
You open the item to find the fault, you are effectivley waiving your rights due to the retailer being able to say that you caused the problem. Whether you did or not is another matter.
Define "a reasonable time to detect any fault/defect", which the laws says you, as the purchaser, have the right to.
The problem is as things become more complicated, the harder it is to trace any fault. Until that fault shows itself in a way that you can understand, in most cases the item will simply stop working.

A huge number of minor faults with tvs are probably never picked up by buyers because they are unaware of functions or not used so much. As for your last sentence various other things also renders the so called 'lifetime' estimates (which a poster has given on the low side) as fairly meaningless. It's why few bother to quote them other than out of a factual interest when talking about a type of display (or putting down something or bigging it up).

 

[classic33]

A huge number of minor faults with tvs are probably never picked up by buyers because they are unaware of functions or not used so much. As for your last sentence various other things also renders the so called 'lifetime' estimates (which a poster has given on the low side) as fairly meaningless. It's why few bother to quote them other than out of a factual interest when talking about a type of display (or putting down something or bigging it up).

I wasn't confining it to just TV's , or as a lifetime estimate.
Other items can also be affected in similar ways, where the only means of identifying the fault requires opening the item. A things become more complicated the harder it becomes, but also the more dramatic the failure.

Washing machine bought from Curry's started smoking two days after getting it delivered. Six months down the line & numerous "repairs" later it was found to be a fault on the logic board that was causing the problem.

Curry's refused to repair or replace it, I said I'd have it on a trailer outside the shop with a sign big enough to draw attention to what Curry's were selling. The day before I was due to be outside the store, I received a phonecall from their head office telling me to go into the shop, choose a replacement, get the manager to phone them advising them of my choice & that delivery of the replacement would be free.

 

[marinyork]

I wasn't confining it to just TV's , or as a lifetime estimate.
Other items can also be affected in similar ways, where the only means of identifying the fault requires opening the item. A things become more complicated the harder it becomes, but also the more dramatic the failure.

You just have no way of knowing when something is presented as a return. That's how it is. Once you get into various guessing games as a company you're in a trouble.

Other than that return desks have their own problems. You have a dedicated desk for returns with staff trained on that. This aggrieves customers at being 'fobbed off' directed to a desk. Then even then there's a human element to it, decisions aren't anywhere near as consistent as they would like. This then undoes some of the benefit of having such a policy.

 

[Over The Hill]

How do you know the fault is there if it inside the item.
You open the item to find the fault, you are effectivley waiving your rights due to the retailer being able to say that you caused the problem. Whether you did or not is another matter.
Define "a reasonable time to detect any fault/defect", which the laws says you, as the purchaser, have the right to.
The problem is as things become more complicated, the harder it is to trace any fault. Until that fault shows itself in a way that you can understand, in most cases the item will simply stop working.

The item worked perfectly for three months. That fairly conclusively stops it being faulty goods on purchase and makes it a fault developing within the expected life of the item. The retailers response can quite rightly be different for one or the other and they have a right to opt to put the fault right at their expense - which it seems they are doing. So I don't see an issue.

 

[classic33]

You just have no way of knowing when something is presented as a return. That's how it is. Once you get into various guessing games as a company you're in a trouble.

Other than that return desks have their own problems. You have a dedicated desk for returns with staff trained on that. This aggrieves customers at being 'fobbed off' directed to a desk. Then even then there's a human element to it, decisions aren't anywhere near as consistent as they would like. This then undoes some of the benefit of having such a policy.

Agree. But what is wrong with trying to get the thing to work, simply plugging it in & trying to turn it on for instance. If it didn't work/come on it would at the least suggest a problem exists. After that is done, you can pass it onto a repairman. At least then the customer can see you are doing something.
We have become an "here & now" society, something many shops/retailers were quick to catch onto. However the downside is that they appear unwilling to accept that things do go wrong.
With regards opening a product, who said it had to be done instore. The opening of a product, before it is returned as faulty can often be seen on items that are pressfitted together. Screws do not seem to be used as much these days.

 

[Norm]

The item worked perfectly for three months. That fairly conclusively stops it being faulty goods on purchase and makes it a fault developing within the expected life of the item.

I don't think that's how the law treats it, though. My understanding of the general regs is that, if a fault develops within the first six months, it is assumed that the product was faulty at the point of sale and it is for the retailer to prove otherwise.

Aside from anything else, that's in the stuff that Crankarm posted way up the thread and has been repeated in the thread since.

 

[classic33]

The item worked perfectly for three months. That fairly conclusively stops it being faulty goods on purchase and makes it a fault developing within the expected life of the item. The retailers response can quite rightly be different for one or the other and they have a right to opt to put the fault right at their expense - which it seems they are doing. So I don't see an issue.

I don't think anyone has said that it was faulty at the time of purchase and it'd be a very brave retailer that turns round & tells the OP that they sold soething they knew to be faulty as new.
A fault has developed & the retailer has passed the problem onto the manufacturers shoulders. Let them sort their customer out for them. Good service there then. Contract is & remains with the retailer not the company that made the item or the company who's name appears on the product.

The piece posted by me on what the customers rights are were viewed from the retailers side of the argument.

 

[terry_gardener]

this weekend i have read the returns policy on tesco direct website and it does say on it that after 28 days they will try and repair if and if unrepairable then they will replace or refund it.

"If we can't resolve the issue over the phone, we'll arrange a repair. If we can't repair it, we will offer you a replacement or a refund"

we didn't read the returns policy for tesco direct before we bought the TV due to us believing it would be the same as the tesco instore policy which it isn't. when we was talking to my sister who works in a tesco store she said the instore policy is to replace the item however the tesco direct policy differs to this which she didn't know about.

i have since read return policies on 3 others stores (currys, argos and amazon) and they all have very similar return policies to tesco direct.

 

[Over The Hill]

I don't think anyone has said that it was faulty at the time of purchase and it'd be a very brave retailer that turns round & tells the OP that they sold soething they knew to be faulty as new.
A fault has developed & the retailer has passed the problem onto the manufacturers shoulders. Let them sort their customer out for them. Good service there then. Contract is & remains with the retailer not the company that made the item or the company who's name appears on the product.

The point in establishing/reasonably assuming the fault was not there at the time of purchase is key to what is then done.
The retailer has to repair it. I dont think a shelf stacker or checkout person can mend a TV so it is passed to a professional repairer. Tesco have arranged for a professional repair. That is not passing on their responsibilty only the actual job of repair. Tesco are picking up the bill I believe.
Very few sectors of the retail market actually deal with repairs in house. Do you really expect Tesco to set up their own repair shop?

 

[classic33]

The point in establishing/reasonably assuming the fault was not there at the time of purchase is key to what is then done.
The retailer has to repair it. I dont think a shelf stacker or checkout person can mend a TV so it is passed to a professional repairer. Tesco have arranged for a professional repair. That is not passing on their responsibilty only the actual job of repair. Tesco are picking up the bill I believe.
Very few sectors of the retail market actually deal with repairs in house. Do you really expect Tesco to set up their own repair shop?

How then would a overheating piece be detected. I pick overheating only because most electrical equipment has a thermal cut out, for safety reasons. A fault in the manufacturing process or damage incurred in shipping can lead to the product deveolping a fault after first usage, thereby tripping the thermal protection.
As for Tesco getting a repair done they simply said that the problem wasn't theirs, go elsewhere. "Elsewhere" in this case being the manufacturer.

 

[Raging Squirrel]

the easiest thing to do is get Toshiba to collect it, and they'll either repair it, send you a new one, or send you a letter to take to Tesco for them to give you a replacement. Easy.

I suspect the reason for Tesco saying to call Tosh is because the unit was bought by Tesco on a BOG, meaning that the guarantee is with Tosh not Tesco

 

[vernon]

this weekend i have read the returns policy on tesco direct website and it does say on it that after 28 days they will try and repair if and if unrepairable then they will replace or refund it.

"If we can't resolve the issue over the phone, we'll arrange a repair. If we can't repair it, we will offer you a replacement or a refund"

we didn't read the returns policy for tesco direct before we bought the TV due to us believing it would be the same as the tesco instore policy which it isn't. when we was talking to my sister who works in a tesco store she said the instore policy is to replace the item however the tesco direct policy differs to this which she didn't know about.

i have since read return policies on 3 others stores (currys, argos and amazon) and they all have very similar return policies to tesco direct.

Your revelation thus renders, at a stroke, all comments about instant refunds and your rights to one, redundant.

Let me be the first to not say, 'I told you so'

 

[Crankarm]

Blimey, 4 pages!

I think the best you can do at this stage is go along with Tesco and allow them to arrange for collection and inspection of the TV, but insist on a courtesy TV in the mean time as 3 or more weeks without a TV seems a bit harsh if you are a family with nothing else in your lives. You are entitled to claim all reasonable and forseeable costs as a result. Simply demanding a new replacement TV is not supported by your statutory rights. You have to allow the retailer to inspect the TV and if there is a fault covered under the warranty and not damage related, either repair or offer a replacement of similar age or a refund. But the retailer is fully entitled to inspect the goods. However if you genuinely feel this is unsatisfactory you could take to Twitter. IMHO Tescos will need to inspect or arrange for the manufacturer / authorised agent to inspect it, etc.

The other thing to bear in mind is that you purchased this TV from Tesco On-Line therefore you are covered by the Distance Selling Regulations 2000, but however as 10 weeks have passed you have clearly accepted the TV so the initial 7 day cooling off period does not apply. The Sale of Goods Act applies. Consideration of suitable quality, durability, fit for purpose should be in your mind. Maybe this model has a design or production fault that you don't know about and Toshiba won't want to tell you? Do some internet searching.

HTH.

 

[Over The Hill]

How then would a overheating piece be detected. I pick overheating only because most electrical equipment has a thermal cut out, for safety reasons. A fault in the manufacturing process or damage incurred in shipping can lead to the product deveolping a fault after first usage, thereby tripping the thermal protection.
As for Tesco getting a repair done they simply said that the problem wasn't theirs, go elsewhere. "Elsewhere" in this case being the manufacturer.

Until it is taken apart we dont really know. So a reasonable compromise is established by putting a time limit on the point when it is considered new or a later fault. The time limit should reasonably sort out if the fault was there from new or not but will not be an exact test.

I am guessing you have not worked in retailing! Customers try in on all the time! Even taking back stuff to a shop they did not buy the thing from, dropping something and then saying it is faulty etc. All retailers have to sort out a reasonable policy to support genuine faults and not be a soft touch for people trying to trick them (all within the law of course).
What is the issue with the item being fixed by the maker? Retailers dont have the skill in house to fix complex electrical items so they are always passed elsewhere. They are not saying the problem is not theirs they are arranging for the repair via a third party.