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18-01-2011, 12:13   #1
Navarre
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Tesco. no comeback with unsuitable DTT TV

I was approached by a couple yesterday who are wanting to leave Chorus and get Freesat and Irish DTT they asked me why their Sanyo Tv that they bought in Tesco Wexford in August 2009 was only giving them Radio channels when they connected an Aerial to it. After a long explaination from me they decided to go back to Tesco with the Receipt. The manager their told them that their is nothing wrong with the Tv as long as the couple stay with Chorus or join Sky and that it is only a problem with the Tv if the couple decide to get a 1 off payment system installed. The couple did explain to this manager {what I said} that retailers were told about system requirements as far back as late 2008. This manager then said that Tesco were never informed about any System requirements.
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18-01-2011, 12:37   #2
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The simple fact in the matter is that Tescos have never stocked a suitable product deliberately. They stock products suitable for the UK market and Ireland is an afterthought and overflow (like many UK chains operating here - currency exchange profiteering).

Unfortunately these people have learned the hard way and effectively bought a monitor. The integrated digital tuner was never going to work and never will. Tesco cannot second guess what the end user will or wont connect to it. There is something wrong with the TV when the digital tuner wont work out of the box. Case is point - Tescos Artane Castle - All TVs - maybe 7 different TVs all "Freeview" labelled with claims of 40+ stations and digital tuner - which of course you wont receive here as Freeview is UK Digital system. And the Freeview tuners wont work for Irish DTT because they are all old MPEG2 tat - Cello and other muck. NOT ONE SIGN to say not suitable for Irish Digital Terrestrial Television.

Thats why food chains shouldnt sell TVs.

I suggest they get on Tesco head office and elevate their grievance. Perhaps they may get some joy. Look for a purchasing manager and ask why they are stocking these unsuitable products.

Loud voices normally gets peoples attention as well.

Last edited by STB; 18-01-2011 at 12:41.
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18-01-2011, 12:59   #3
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Tesco need to read the law.

They sold these without a disclaimer saying the "digital tuner is incompatible" . The "freeview is not available in Ireland" disclaimer isn't relevant.

Unless it works via aerial socket it's not a TV.

Tesco has lost cases before. http://www.irishtimes.com/newspaper/...270540798.html

The description on the package is a contract and applies unless Tesco had printed disclaimer added saying it's a Analogue Only TV (which they can't do after Nov/Dec 2010 without selling it a Monitor and disclaimer that the TV will not be a TV by end 2012).

Sale of Goods Act 1980 applies. A TV should last more than two years. It should work as described (A TV labelled "Digital" sold in Ireland after March 2008 should work on Irish Digital or have label saying "Analogue Only"). Damages under act are for up to 6 years.

http://www.irishstatutebook.ie/1980/...016/print.html

http://www.saortv.info/2011/01/05/as...han-two-years/

Small Claims Court
I'm confident that for ANY tv not compatible sold after Dec 2010 you win, unless a disclaimer that it's not a TV in writing on display and each package.

That for any TV with "Digital TV" on packaging sold at least after Nov 2008 and possibly March 2008, without a disclaimer that it's "Analogue Only", you would win.

Products must be "fit for purpose" and as Described. Without a disclaimer it's reasonable that any TV retailed in Ireland with "Digital TV" in description should work in Ireland.

After all in era of start of 625lines they could not sell German (PAL B/G) or French (Secam) 625 line TVs. Or USA NTSC 525 lines.

Tesco could have legitimately sold incompatible Digital TVs up till November 2010, if they had put "Analogue Only" labels over all mention of Digital and Freeview. Tesco only added the "no Freeview" notices in 2010, and those are the WRONG disclaimer and are not on the packaging anyway.

Last edited by watty; 18-01-2011 at 13:04.
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18-01-2011, 14:05   #4
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This couple was told by the Manager in Tescos Wexford that the Tv does and has been receiveing Digital {from chorus} and it can and will receive digital through SKY and that their is no way that a Tv bought in August 2009 will be exchanged or refunded because these people now {Jan 2011} want to change from Chorus to a 1 off payment.
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18-01-2011, 14:10   #5
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It took them four months to ask?
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18-01-2011, 15:08   #6
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Aldi has been refunding 2009 sales.
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18-01-2011, 15:43   #7
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Quote:
Originally Posted by jdivision View Post
It took them four months to ask?
What do you mean ??. And It took who four months to ask.
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18-01-2011, 19:16   #8
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It took them four months to ask?
Purchased Aug 2009 not 2010.
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18-01-2011, 19:55   #9
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The tv still works if it receives analogue which will be running till the end of 2012.Up till October last year there was no official service to receive so however you expect tesco to refund a tv bought in 2009 must be having a laugh, just because aldi do it does not mean there right to.

Whats the 1 off payment system they are required to install if they have an aerial? A walker/dtt box is hardly rocket science to install aerial in and scart or hdmi out to tv.
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18-01-2011, 21:25   #10
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If they sold it with a sticker saying Analogue Only, you are correct.
If they ONLY said "no freeview here" Then you are wrong, if the packaging says Digital. The Sale of Goods Act says that forms part of contract unless clearly negated.

If the TV has NO digital feature, then Tesco are in the clear.
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18-01-2011, 21:40   #11
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Originally Posted by donegal11 View Post

Whats the 1 off payment system they are required to install if they have an aerial? A walker/dtt box is hardly rocket science to install aerial in and scart or hdmi out to tv.
The 1 off payment that this couple are wanting to leave {crappy mmds}Chorus for is a Humax pvr Freesat system with a Wideband aerial {for Irish DTT} to replace there ancient combined Vhf/Uhf aerial which is rotting away on the chimney. Along with getting away from another Monthly bill.
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18-01-2011, 23:05   #12
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Quote:
Originally Posted by watty View Post
Tesco need to read the law.

Unless it works via aerial socket it's not a TV.

Tesco has lost cases before. http://www.irishtimes.com/newspaper/...270540798.html
The tv will work with an aerial it'll get analogue for nearly 3 and a half years

I read the link It had nothing to do with digital tv, it was pointless unless there is some underlying point I don't get?? did you not read it or think no one would.

I also read the sale of goods act and seen nothing to do with "digital tv" "6 years" thou i could of missed it.

And it's not illegal to sell a non dtt tv. if we go back to 2008 as you say and an electrical shop had to stock soarview compatible tvs their storefront would be bear.

People should educate themselves when buying a tv, freeview is only available in the uk and people should know by common sense in the same way they don't expect to get french TNT here.In saying that if my parents who wouldn't know any better bought a non dtt mpeg 4 compliant tv today off course I would tell them to demand a refund, but if they bought it two years ago I could hardly justify the same course of action? and i highly doubt the small claims court would listen to me.

Quote:
The 1 off payment that this couple are wanting to leave {crappy mmds}Chorus for is a Humax pvr Freesat system with a Wideband aerial {for Irish DTT}l
Sorry I misread and thought you meant the one payment system was a dtt box which didn't sound right, reading over it again to makes more sense. MMDS is pointless when compared to free to air satellite or on a pay basis to sky, they should of moved long ago.

The manager when answering the couple shouldn't of really mentioned sky or chorus, implying that you needed to pay to use the tv when they can currently receive analogue and he should of told them if they really wanted digital to buy a set top box and sent them out the door.

Last edited by donegal11; 18-01-2011 at 23:25.
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19-01-2011, 00:00   #13
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Analogue now for LESS than 2 years.

Nothing wrong with selling an Analogue only set up till now, but we are talking about sets labelled digital.

Selling Analogue that has incompatible Digital going forward isn't illegal as long as you explain clearly with labelling that it will not work as a TV after 2012.

It's NOTHING to to do with Digital TVs per se. The "Sale of Goods Act" partially is to do with correctly describing goods.

TVs described as "Digital" when they are not and TVs sold that will stop receiving TV signals in less that two years, without clear labelling means that people CAN look for Refund, Repair or Replacement under the Act.

It's very SIMPLE.
In the past and going forward, ANY TV with "digital" in the labelling on package or display ought to have a disclaimer label saying Analogue only, Incompatible with Irish Digital. There would have been no difficulty for Distributors to label Sets appropriately since Q2 2008 at latest. They DID NOT HAVE to supply Compatible Digital. The Government warned them. If you are charitable the Distributors where lazy not slapping a disclaimer label on every TV that mentioned Digital TV and was incompatible.

All shops should now have labelling warning customers that TVs without compatible Digital (they don't have to be Saorview Certified) will not operate as TVs after 2012, that's less than two years. After then, they will only work as Monitors via SCART or HDMI.

This is really so simple. The Act doesn't need to Mention Analogue Switch off or Digital TVs. Things must be as they are Described.

At this stage it's baffling why they are not labelling correctly. One can only assume they hope to shift incompatible stock without people realising. Because there are plenty of compatible TVs.

Last edited by watty; 19-01-2011 at 00:05.
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19-01-2011, 00:21   #14
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some of you seem to be opening a can of worms that people who bought CRT tvs in the last few years (yes, they were still on sale) that they'll be entitled to free upgrades to digital LCDs?

don't forget the sale of goods act covers all second hand sales, so joe who bought that tv last week for 200 out of the buy and sell would be covered on it as well?

the article at the start of the thread in reference to tesco having to replace a faulty tv, not one that won't work.

if the TV is not digital capable, i would suggest that at the time of purchase for the OP that this was't a requirement and was an oversight.Again, not really Tesco's problem.

still on freeview is there not a requirement for a set top box?

Last edited by matt-dublin; 19-01-2011 at 00:33.
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19-01-2011, 00:28   #15
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OP can you tell me what exact model TV you bought is?

IMO i don't really think there's a case here to return it.

how are you connecting to the once off payment freeview?

satellite / ariel?

does your remote control have a button that says epg or guide?
It's not my TV.
I think you will have to read the thread again
http://www.boards.ie/vbulletin/showp...23&postcount=1
http://www.boards.ie/vbulletin/showp...4&postcount=11
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