The story as short as possible:
- Samsung 40in LCD Purchased in January from DID Drogheda
- Around mid may TV picture starts to go/become distorted like it was on acid
- Thought it might have been corus so leave it two weeks
- Take back to DID early June
- I want a new tv/refund - sorry sir must go back for repair
- Lot's of foot stomping but no good - tv goes back
- Get it back one week later, box and tv dustier than when left in
- Last week the picture starts to go again
- The repair if they did one - has not fixed the issue
- TV is going back in tomorrow
- What are my rights as a consumer? Full refund, exchange?
- Surely something more has to be done than just off for repair again?
- I will get a solicitor's letter for them if necessary.
The tv can not be deemed to be of merchantable quality as this stage can it? Also no explanation was given as to what was wrong with the TV, was not told what repair if any was carried out.
You don't have rights to refund/new TV, you have right to get it fixed and then it is up to the company to offer you refund/new TV until it has been on repeair "a reasonble amount of time" iirc (as I recall that is usually considered 3 times). The company neither has to tell you what they done to fix it (except saying they repaired it) and I would not trust them if they told me in general either since the tossers in the store tend to be "less informed then required" (;.
Thanks for the reply Nody!
Hi I bought a TV last year from my local electrical shop, from day one it did not work properly the screen kept flashing blue every few minutes brought it back he sent if off to be fixed came back the same problem 3 times I had to bring it back after the third time I refused to bring the same telly and told him I was not moving from the shop till I got one that worked properly and I did not have to keep bringing back, this was all done in a nice friendly manner I got a different telly that has worked perfectly since, as far as I am concerned if it took 3 attempts to fix and still not working properly I dont want it,
Thanks for the reply MazdaGirl.
A lady from the consumer association told me the following:
Many thanks for your email.
Under the Sale of Goods and Supply of Services Act 1980 a consumer is entitled to a repair, replacement or refund when a good is faulty. There are no firm rules on which of these you are entitled to, it is normally a question of the age of the product and the extent of the problem. If you accept a repair it must return the item to its original condition. You do not have to accept any further repair.
At this stage you should put the complaint in writing to the shop and request a replacement or refund.. If the response is unsatisfactory you should consider contacting the Small Claims Court and pursue the matter through them ( details are available on www.courts.ie )
I hope this is of some assistance to you.
Regarding repairs, it must last for a reasonable amount of time. For a 40in Samsung (costing about 1500euro), having it repairing, and then breaking within a month, would not be considered a decent repair, and you're entitled to a refund or exchange. If it broke 6 months down the line after a repair, it's a different story. Stick to your guns and bring in that email with you.
Yup, it's all down to what is reasonable. It, in my opinion, is not reasonable to expect the same serious fault to occur twice within a few months, especially on such an expensive item with a reputable brand name. So whether you want a refund or a replacement is down to how reputable the model is (google for reviews). If it's a known problem, then I'd be seeking a refund. If you're happy with the TV, and it's not a widespread problem then just demand a full replacement (making note of the serial number of the existing TV so you know it's been replaced!). If you can't get a firm commitment that you'd be getting a brand new replacement (which may need them to go and check with their Samsung rep), then I'd argue my refund.
If you still get nowhere, put it in writing to the head office of DID demanding resolution within x number of working days (10 or 15). If you're still not satisfied, off to the small claims court with you!
Just beware that your manufacturer's warranty is going to run out soon (especially if this drags on), so keep that in mind. The term of warranty is from the original purchase, and is not extended when you get a repair/replacement done. So, ask yourself if you'd be happy with a replacement now and only have 'til next January to test-drive it and hope the problem doesn't happen on your replacement? Again, Google reviews to see if this has happened others, to help you make that decision.
In defence of DID I think the manufacturer may be the problem here. I bought a JVC TV last year from DID. 6 months later it developed a problem. I went in on a Saturday and gave them my details. They logged the call with JVC. On the Monday JVC rang me to arrange pickup that day and returned it repaired within 2 days.
However in your case and in all cases your contract is with the shop. I'd accept a repair once. If the problem re-occured I'd demand a replacement. I'm pretty sure the sales assistant will agree with some friendly persuasion. I'm not too sure about a refund though.
Thanks for all the replies guys!
Good to know about the warranty on a replacement set!
I was told it sounded like software issues when I brought it back the last time.
Given the short period it took for the problem to resurface then I would question allbeit with no proof whether they actually repaired it or not.
I will update as to what happens when I take it back. Just want to make sure the manager is in when I go down.
Hey Guvnor, can you describe the problem? I'm just curious if it's the same problem as one I'm having with a samsung tv. My problem is that the picture gets distorted and goes pink and blue so as to make the image unviewable