Returning TV. What's my rights?

Ay Cee

Bought a LG 37" in Powercity last April. Over the last couple of months when ever i turn it on or off for up to 30 seconds there's this repeating clicking sound.

I want to bring it back to Powercity but I want to know what my rights are before they try and fob it off. Am I entitled to a replacement as it's still under warranty? I don't want to go up there and they say they'll send it off to be fixed and I'm left TV less for the period.

Any info much appreciated.
Thanks guys.

Doctor DooM

Ay Cee wrote: »

Bought a LG 37" in Powercity last April. Over the last couple of months when ever i turn it on or off for up to 30 seconds there's this repeating clicking sound.

I want to bring it back to Powercity but I want to know what my rights are before they try and fob it off. Am I entitled to a replacement as it's still under warranty? I don't want to go up there and they say they'll send it off to be fixed and I'm left TV less for the period.

Any info much appreciated.
Thanks guys.

You are never really directly entitled to a refund or replacement til the company gets a chance to repair, I am afraid. The rules are repair, replacement, refund.

Do you still have the reciept?

Ay Cee

Yeah still have the receipt

Pacifico

You'll get a repair. Maybe you should ring them before you go down with the TV.

Depending on the store's policy, they might send out a repair guy to you.

Red Alert

Are you sure the clicking sound is problematic?

Ay Cee

I'd imagine so. Unless it's a feature of LCDs?
I don't want it to carry on and in the future it turns out to be the cause of some problem while not under guarantee.

Danno

LG - God bless you. Expect a long wait on this. Study the back of the TV and write down EVERYTHING that looks like a serial number.

GrumPy

Ay Cee wrote: »

Bought a LG 37" in Powercity last April. Over the last couple of months when ever i turn it on or off for up to 30 seconds there's this repeating clicking sound.

I want to bring it back to Powercity but I want to know what my rights are before they try and fob it off. Am I entitled to a replacement as it's still under warranty? I don't want to go up there and they say they'll send it off to be fixed and I'm left TV less for the period.

Any info much appreciated.
Thanks guys.

I work there and it's 99% a repair job I am afraid.

foggy_lad

Irish GrumPy wrote: »

I work there and it's 99% a repair job I am afraid.

but for something as large as a 37inch television will they send a repair-person to your home or expect you to get a van to bring it back to the store?

the_syco

foggy_lad wrote: »

but for something as large as a 37inch television will they send a repair-person to your home or expect you to get a van to bring it back to the store?

Unless you try to get the repair done from your house, yes. The warranty states them fixing it for you, but I doubt they say they'll pick it up from you.

GrumPy

foggy_lad wrote: »

but for something as large as a 37inch television will they send a repair-person to your home or expect you to get a van to bring it back to the store?

A 37" tv will fit in a fiesta. If you got it delivered, you may have an arguement, but as the syco pointed out they are entitled to repair it, nothing about collecting.

Qwerty?

Sorry for Hijacking, but can't fing the definite info elsewhere..

I have a faulty 20" Philips LCD, I've returned it for repair, and then three weeks later it comes back, and is still broken, :mad:

am I entitled to a replacement now? or do they get a chance to repair it again???

Thanks.

foggy_lad

Irish GrumPy wrote: »

A 37" tv will fit in a fiesta. If you got it delivered, you may have an arguement, but as the syco pointed out they are entitled to repair it, nothing about collecting.

and for anyone without a fiesta? most large items that size would have been delivered even to people with cars as the packaging for a 37inch tv stand and home cinema system will usually not fit in a fiesta

miju

Qwerty? wrote: »

Sorry for Hijacking, but can't fing the definite info elsewhere..

I have a faulty 20" Philips LCD, I've returned it for repair, and then three weeks later it comes back, and is still broken, :mad:

am I entitled to a replacement now? or do they get a chance to repair it again???

how old is the TV?

Qwerty?

Sorry forgot that piece of information. It's just over six months old.

miju

if its 6 months old and they have tried to repair it you should be able to get a replacement TV.

remember to tell the store when returning the TV that "repairs should be of a permanent nature" and as such you now demand your right to have a replacement TV (no point in asking for a refund after 6 months IMO)

the_syco

foggy_lad wrote: »

and for anyone without a fiesta? most large items that size would have been delivered even to people with cars as the packaging for a 37inch tv stand and home cinema system will usually not fit in a fiesta

Check the warranty. Simple as. I'm not arguing, I'm stating that you should check the warranty, as the warranty is with the manufacture. The manufacture can say that it'll fix the problem, but check if they'll cover the costs of the return (some do, some don't). The shop? The warranty is not with the shop.

Qwerty? wrote: »

I have a faulty 20" Philips LCD, I've returned it for repair, and then three weeks later it comes back, and is still broken, :mad:

am I entitled to a replacement now? or do they get a chance to repair it again???

Was it working when it came back, and is it the same fault? If the same fault, most companies will issue a returns code after 3 unsuccessfull repairs. You must remember: the warranty is for the manufacture to ensure that the machine works, not a cheque that will give your money back.

=-=

Oh, and if you get a refund, a refund is the price you paid, NOT how much it's worth now. I point this out, as you can get a different TV from a different shop with the money. The replacement you get doesn't have to be brand new, and may be one that was returned from the repair shop (depending on the contract wording with the shop).

foggy_lad

if you purchase any electrical item whether it is a toaster worth €9.99 or tv worth €1999.99 you are covered by a 12month statutory warranty which is not a manufacturer warranty

and as your contract of sale is always with the SHOPKEEPER not the manufacturer the shop is always the best place to return goods which are faulty/unfit for purpose/malfunctioning etc as the store can replace repair or refund and they will usually be much closer to you(in your local area) while the manufacturer may be hundreds/thousands of miles away!

Qwerty?

the_syco wrote: »

Oh, and if you get a refund, a refund is the price you paid, NOT how much it's worth now. I point this out, as you can get a different TV from a different shop with the money. The replacement you get doesn't have to be brand new, and may be one that was returned from the repair shop (depending on the contract wording with the shop).

Joy of joys, my TV has packed in for the third time, same problem each time.

The shop is offering me a replacment to the value of the price I paid last year, but they don't do the model I bought, and they don't have anything I like/suits. Am I entitled to a refund?

Thanks Again...

Doctor DooM

Afraid not. Once again:

Repair

Replacement

then Refund.

If the replacement broke... then you could demand your money back.

Bear in mind your 12 month warranty begins again anew with a new product.

ScouseMouse

My mum in law had to take them to the small claims court to get them to look after a bollixed tv. Then I had a dodgy microwave. I just walked in and said to the salesman, is there any problems with such and such a microwave as mine has packed up. He told me to bring it in and he gave me a new one on the spot without a receipt or box !

Qwerty?

Thanks

My problem is they don't stock this size/type TV anymore. So I have to pick a different one, and pay the extra. I could buy the same TV in another store as they have them still if I got a refund.

I suppose I could let them repair it a third time, but then it could pack in again just as the warranty runs out.:rolleyes:

axer

SDooM wrote: »

Afraid not. Once again:

Repair

Replacement

then Refund.

If the replacement broke... then you could demand your money back.

Bear in mind your 12 month warranty begins again anew with a new product.

Not sure where your getting your information from but you do not have to follow repair, replacement then refund.

It is about whether the consumer has legally accepted the goods in question.

The sale of goods and supply of services act 1980 s11(3) states that when the consumer is deemed to have accepted the goods then certain conditions of the act become warranties instead.

Say for instance I buy a TV that packs in after only 1 week then I can demand a full refund (I could however accept a repair or replacement but that is at my discretion). The amount of time that passes before the consumer is deemed to have legally accepted the goods is not fixed in stone - it is about what is reasonable. It is really the length of time it would take you to ensure your goods are without fault.

If I have a 2 year old tv and it packs up then because you have clearly legally accepted the goods a shop can offer a repair or replacement instead. You would not have to accept a repair if you have good reason not to e.g. if you have already accepted repair once and the item is still not working then you could argue that but again it is all about what is reasonable.

You can definitely claim for goods that go faulty after 12 months. I believe there is an EU law out there that states how long you can claim for electrical goods (I think it was 4/5 years or something like that but I cannot remember exactly). The length of time your replacement item is covered for does not restart after accepting a replacement as that would be unfair to the seller. It would be the length of time allowed under EU law minus the length of time you already had the old item.

Doctor DooM

axer wrote: »

Not sure where your getting your information from but you do not have to follow repair, replacement then refund.

It is about whether the consumer has legally accepted the goods in question.

The sale of goods and supply of services act 1980 s11(3) states that when the consumer is deemed to have accepted the goods then certain conditions of the act become warranties instead.

Say for instance I buy a TV that packs in after only 1 week then I can demand a full refund (I could however accept a repair or replacement but that is at my discretion). The amount of time that passes before the consumer is deemed to have legally accepted the goods is not fixed in stone - it is about what is reasonable. It is really the length of time it would take you to ensure your goods are without fault.

If I have a 2 year old tv and it packs up then because you have clearly legally accepted the goods a shop can offer a repair or replacement instead. You would not have to accept a repair if you have good reason not to e.g. if you have already accepted repair once and the item is still not working then you could argue that but again it is all about what is reasonable.

You can definitely claim for goods that go faulty after 12 months. I believe there is an EU law out there that states how long you can claim for electrical goods (I think it was 4/5 years or something like that but I cannot remember exactly). The length of time your replacement item is covered for does not restart after accepting a replacement as that would be unfair to the seller. It would be the length of time allowed under EU law minus the length of time you already had the old item.

Well, speaking as someone who's worked in retail for 11 years, try that and see how far it gets.

You cannot demand a refund. I'm sorry, but you can't. You can try to twist the sale of goods act any way you like, but in Ireland it's considered to cover you for one year, and the retailer is allowed to offer repair replacement and then refund. If you are unhappy with the remedy offered, even the NCA recommend that the small claims court is the appropriate route.

http://www.eccdublin.ie/topics/shopping_in_europe.html

"If you have a problem with an item that you have bought it is the seller who should put things right. As a general rule, the seller can either repair or replace the item. Alternatively, the retailer can refund the cost of the item or service to the consumer."


I'd like to point out that I think its really crappy that the company is not refunding at the OP's request, but if he wants to go further, small claims court is the way to go. they're not going to listen to the above.

axer

SDooM wrote: »

Well, speaking as someone who's worked in retail for 11 years, try that and see how far it gets.

The law is the law and if people refuse to follow the law then it has to go to court. Just because a retailer doesn't agree or is not aware of the law doesnt mean the rights of the consumer are lost. According to this EU law the goods are not legally accepted until 6 months have passed. Within that time a contract can be rescinded except in cases of minor defect. I would be thinking that the length of time before the goods are legally accepted would be the length of time needed to ensure the goods are without defect - this depends on the type of goods in question. There is no time frame set in stone with the sale of goods and supply of services act 1980.

SDooM wrote: »

You cannot demand a refund. I'm sorry, but you can't.

Are you saying that a consumer can under no circumstances demand a refund? It is an implied condition of every consumer contract for the purchase of goods covered by the act that the item must be of merchantable quality. This condition changes to a warranty after it is deemed the consumer has legally accepted the goods. Breach of condition allows the consumer to rescind the contract and recover monies paid.

SDooM wrote: »

You can try to twist the sale of goods act any way you like, but in Ireland it's considered to cover you for one year, and the retailer is allowed to offer repair replacement and then refund.

1 year? where did you get that from? Can you link to a law that says that?

According to this page the Directive 1999/44/EC on the sale of consumer goods and associated guarantees you are covered for a minimum of 6 years - I am not sure about that directive but I do know that there is no limit of 1 year on the sale of goods and supply of services act 1980.

Absolam

axer wrote: »

The law is the law and if people refuse to follow the law then it has to go to court. Just because a retailer doesn't agree or is not aware of the law doesnt mean the rights of the consumer are lost. According to this EU law the goods are not legally accepted until 6 months have passed. Within that time a contract can be rescinded except in cases of minor defect. I would be thinking that the length of time before the goods are legally accepted would be the length of time needed to ensure the goods are without defect - this depends on the type of goods in question. There is no time frame set in stone with the sale of goods and supply of services act 1980.

Are you saying that a consumer can under no circumstances demand a refund? It is an implied condition of every consumer contract for the purchase of goods covered by the act that the item must be of merchantable quality. This condition changes to a warranty after it is deemed the consumer has legally accepted the goods. Breach of condition allows the consumer to rescind the contract and recover monies paid.

1 year? where did you get that from? Can you link to a law that says that?

According to this page the Directive 1999/44/EC on the sale of consumer goods and associated guarantees you are covered for a minimum of 6 years - I am not sure about that directive but I do know that there is no limit of 1 year on the sale of goods and supply of services act 1980.

The Sale of Goods Act provides for the remedies of repair, replacement, or refund of faulty goods. The provision is extended (as in without the Act a consumer would have no legal recourse) to the consumer, but does not explicitly extend the right to choose the remedy; therefore the choice remains with the provider of the goods.

If you read further on the link you provided you should note that a consumer may have recourse for up to 6 years, if they can prove the goods should last that long. Otherwise, outside of six months of purchase,the consumer must prove the goods were not in conformity from the point of purchase. It is common practice amongst Irish retailers to accept that goods should last a year, and any fault within that time frame was present in the product at the time of purchase.. which is not a legally unreasonable stance in most instances.

axer

Absolam wrote: »

The Sale of Goods Act provides for the remedies of repair, replacement, or refund of faulty goods. The provision is extended (as in without the Act a consumer would have no legal recourse) to the consumer, but does not explicitly extend the right to choose the remedy; therefore the choice remains with the provider of the goods.

The sale of goods and supply of services act 1980 adds implied conditions and warranties to consumer contracts when purchasing goods and services in Ireland.

Condition or Warranty[25]. Conditions are terms which go to the very root of a contract. Breach of these terms repudiate the contract, allowing the other party to discharge the contract. A warranty is not so imperative so the contract will subsist after a breach. Breach of either will give rise to damages.

It is a condition that goods must be of merchantable quality upto the point that the consumer has legally accepted the goods. After that time the aforementioned condition changes to a warranty.

When a condition is breached then the consumer has the right to rescind the contract i.e. get a refund whereas when there is a breach of warranty the consumer cannot rescind the contract but is entitled to damages which can be a repair, replacement or partial refund.

Of course if one of the implied conditions of the act is breached then the consumer can choose a repair or replacement over a rescission of the contract.

Absolam wrote: »

If you read further on the link you provided you should note that a consumer may have recourse for up to 6 years, if they can prove the goods should last that long. Otherwise, outside of six months of purchase,the consumer must prove the goods were not in conformity from the point of purchase.

The consumer does not have to prove that the goods were not of merchantable quality from the point of purchase after 6 months in order to proof that the goods are not of merchantable quality now which would be a breach of warranty. If they cannot prove that the goods were faulty or not in conformity from the date of purchase it means that they just cannot rescind the contract but are still are entitled to damages (repair, replacment or partial refund) for breach of warranty.

Absolam wrote: »

It is common practice amongst Irish retailers to accept that goods should last a year, and any fault within that time frame was present in the product at the time of purchase.. which is not a legally unreasonable stance in most instances.

Are you suggesting that if I purchase a 42" HD TV for 2,500 euro it is only expected to last 1 year? or if I purchase a fridge and after 14 months the motor goes that it is somehow my fault thus I am not covered by law to claim damages of some sort?

Edit: The only limitation time-wise on the Sale of Goods and Supply of Services Act 1980 is the statuate of limitations - *Not* what retails think the limit is.

Correct me if I am wrong but not with made up hearsay.