TV from Tesco not working

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joeysoap wrote: »

My last word on this, the Samsung Tv I bought in Ireland had a one year warranty, the same TV in Spain and Portugal has a 2 year warranty. I suspect Ireland is at at the lower range of warranties, but I would argue the EU 2 year rule if necessary. Obviously I didn't (don't ) understand it but obviously neither does 80% of manufacturers.

You don't understand it. Warranty is superseded by consumer law. We have stronger protection than the EU law. Why quote a weaker law?

theteal

joeysoap wrote: »

My last word on this, the Samsung Tv I bought in Ireland had a one year warranty, the same TV in Spain and Portugal has a 2 year warranty. I suspect Ireland is at at the lower range of warranties, but I would argue the EU 2 year rule if necessary. Obviously I didn't (don't ) understand it but obviously neither does 80% of manufacturers.

A warranty is a sales tool. It can be useful for resolving issues on relatively new items but it means nothing as far as your consumer rights are concerned. Manufacturers can can put an hour/week/Sundays only warranty on an item, it makes absolutely no difference in Ireland.

The 2 year EU directive was never adopted in Ireland as our own Sale of Goods Act offers much more consumer protection. The act purposely does not have stated time limits as all products are not of the same quality but instead ensures that any undamaged item should last a "reasonable" amount of time.

I would argue the <2 years is not reasonable for the life of a telly - it just sits in the corner of a room and gets switched on for a couple of hours a day. Now were the telly a €200 own brand Tesco model, I'd be annoyed but not sure if I'd pursue it as a SCC judge will factor in the ~2 years of use, put a figure on that time e.g. €80 per year, add the cost of the SCC (€25 iirc) which leaves me with the value of a bag of chips.

Were it a branded expensive telly, then we get to have some fun!

Anyway, as the OP has yet to even go back to the retailer I may be getting way ahead of myself and typed all of that for nothing

stimpson

joeysoap wrote: »

My last word on this, the Samsung Tv I bought in Ireland had a one year warranty, the same TV in Spain and Portugal has a 2 year warranty. I suspect Ireland is at at the lower range of warranties, but I would argue the EU 2 year rule if necessary. Obviously I didn't (don't ) understand it but obviously neither does 80% of manufacturers.

I've had 2 faulty Samsung TVs. One was 5 years old. I got a depreciated refund as they couldn't repair it (~€250 for a TV that cost a grand). The second was just over the 1 year warranty. I was offered a choice of 2 higher spec TVs or a depreciated refund which I took (€850 for a TV that cost €1200).

The Warranty is in addition to your rights under the sale of goods act. I suspect Samsung offer a one year warranty here as most people won't pursue it after the warranty is up. In the rest of the EU they offer 2 years because everyone else does due to the 2 year rule.

njs030

Denny_Crane wrote: »

It's much simpler than you're making out. Weeks without a TV makes the standard of significant inconvenience. It's a matter of working days not weeks. It's entirely realistic to expect a retailer to do a swap there and then for a product that has developed a fault under two years from purchase..

Again. The retailer has to ascertain that there is a fault and there hasnt been any damage caused. The only way of doing this is to send it to somewhere that can check. Tesco checkout staff can't do that.

Anyway, you have absolutely no interest in actually finding out anything new on the topic from people who actually know what they are talking about!!

I'm done here....op they aren't going to swap it for you without having it checked as lovely as that sounds so please don't get your hopes up.

joeysoap

theteal wrote: »

A warranty is a sales tool. It can be useful for resolving issues on relatively new items but it means nothing as far as your consumer rights are concerned. Manufacturers can can put an hour/week/Sundays only warranty on an item, it makes absolutely no difference in Ireland.

The 2 year EU directive was never adopted in Ireland as our own Sale of Goods Act offers much more consumer protection. The act purposely does not have stated time limits as all products are not of the same quality but instead ensures that any undamaged item should last a "reasonable" amount of time.

Ok, breaking what I posted above about last post on this to ask a question (for future purchases)

While the warranty States 1 year parts and labour, our consumer laws are stronger than a two year parts and labour ie if my TV breaks down at 23 months it must be repaired (or replaced) FREE ?

The extended warranty that retailers (Currys, Power City) sell is unnecessary?

* as it transpired the smart card in my TV went faulty at about 34 months, repaired free under extended warranty. The guy came and played around for a few mins with controls and said the card wasn't reading properly, took a photo of the card on his phone, and came back about a week later with a replacement card. Even though I bought the TV and warranty in Dundalk the repairs were carried out by a Northern Ireland company. The guy casually said the call out alone would have cost more than the extended warranty.

theteal

First question - Yes, they must repair it for free. They'll try every deflection technique they know to avoid doing so but just be confident in your knowledge of the law and exercise your rights.

Second question - generally yes those extended warranties are wasted money BUT some of them cover user damage so may be worth it

holly8

I tried to return a faulty Toshiba TV, very recently, to the store where I purchased - just inside the 3 year period. Store manager flatly refused to take it back or even entertain any discussion on consumer law. What should be my next steps?

L1011

holly8 wrote: »

I tried to return a faulty Toshiba TV, very recently, to the store where I purchased - just inside the 3 year period. Store manager flatly refused to take it back or even entertain any discussion on consumer law. What should be my next steps?

A three year warranty is likely with the manufacturer so you can go to them if it is - and you want to deal with them. Consumer rights rest with the retailer, though.

Registered letter to the stores HQ (assuming Tesco - Gresham House, Marine Road, Dun Laoghaire I believe) outlining the fault, copy of the receipt etc.

Sleeper12

holly8 wrote:

I tried to return a faulty Toshiba TV, very recently, to the store where I purchased - just inside the 3 year period. Store manager flatly refused to take it back or even entertain any discussion on consumer law. What should be my next steps?

The 3 years warranty is with the manufacturer. They will repair it within the 3 years but you haven't a hope a new TV at this stage unless they can't repair it.
Even under the sale of goods act that you have with the retailer wouldn't get you a new TV after 3 years.

joeysoap

Was in a camera shop yesterday and they had a few 'demo' models for sale. Interested in a Nikon 3400D. But the most guarantee they would give was 6 months, and this was also on the sticker on the the box. Assume consumer legislation would also apply in this case? (Didn't purchase as it was advertised in the window with a VR lens but the shop owner copped that the lens was non VR when he checked it, was reasonable but not a giveaway (€400) but I want a VR lens, so no sale.

Sleeper12

joeysoap wrote:

Was in a camera shop yesterday and they had a few 'demo' models for sale. Interested in a Nikon 3400D. But the most guarantee they would give was 6 months, and this was also on the sticker on the the box. Assume consumer legislation would also apply in this case? (Didn't purchase as it was advertised in the window with a VR lens but the shop owner copped that the lens was non VR when he checked it, was reasonable but not a giveaway (€400) but I want a VR lens, so no sale.

A demo model isn't considered new as far as the sale of goods act is concerned afaik.

L1011

Sleeper12 wrote: »

A demo model isn't considered new as far as the sale of goods act is concerned afaik.

The Sale of Goods Act has no concept of "new". The word isn't even in it (or the 1893 Act).

The item has to be of merchantable quality, fit for purpose etc even if its actually second hand - if sold by a business. However, if its explained to you that an item is used/shop soiled etc this has to be taken in to consideration.

If the item is visible worn etc, 6 months is probably reasonable. If its not, and it fails after 6 months but within a reasonable period you would probably have a case if it had to go to court.

Be aware that any included rechargeable batteries will be in a much reduced state after months of demo use and are reasonably considered to be consumables.

joeysoap

Camera was to all intents brand new. Owner said reps got them to demonstrate to retailers the workings of the camera, fully checked and re- calibrated etc by Nikon and the battery and straps were brand new in the box. I was really set to buy it (even with the 6 months guarantee) but when the owner took the lens cover off the lens it didn't specify VR. I might have been on a sticky wicket there as the shop had advertised VR in the window, but that sales 'blurb' would have been binned after the camera was removed. The owner to give him his due pointed it out straight away when he noticed. I would not have noticed until I got it home, TBH. There are some really honest guys out there.

joeysoap

(Apologies nothing to do with TV not working) Update: £405 John Lewis (free uk postage - address pal ) 2 year guarantee Nikon D3400 VR lens. That's not a bad price, could get better if Teresa May keeps talking

Potential-Monke

Hey, OP, this is all you need:

Section 14 of the Sale of Goods Act 1893 as amended by Section 10 of the Sale of Goods and Supply of Services Act 1980.

14.—(1) Subject to the provisions of this Act and of any statute in that behalf, there is no implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied under a contract of sale.

(2) Where the seller sells goods in the course of a business there is an implied condition that the goods supplied under the contract are of merchantable quality...

That covers everything. The goods are expected to be of merchantable quality and fit for purpose. A HD TV that was expensive enough would be more than covered in this, so long as no user fault is found. You make contact with Tesco, explain the situation, and if they start dismissing you, simply state "Under Section 10 of the Sale of Goods Act 1893 as amended by Section 10 the Sale of Goods and Supply of Services Act 1980, this product is not fit for purpose". Most agents won't have a clue what to say to that and will usually get a "supervisor" to come on a try the same, just quote the act again and eventually you'll get someone who will progress it for you. Make sure they know that the issue is between yourself and Tesco, not the tv manufacturer. Tesco are the supplier, they deal with the manufacturer.

Trust me, just went through a similar (but slightly different due to Flexirent) experience and that's how it was eventually sorted. That law covers you, you don't need to know any other law. Bottom line is that TV (depending on make, price, etc) should last a reasonable amount of time, and in my case, €1200 for a tv to have a defect after 23 months is not reasonable.

holly8

holly8 wrote: »

I tried to return a faulty Toshiba TV, very recently, to the store where I purchased - just inside the 3 year period. Store manager flatly refused to take it back or even entertain any discussion on consumer law. What should be my next steps?

Well Tesco has done EVERYTHING - or NOTHING - to avoid dealing directly with my TVs (2 of them faulty) issue.

Following in-shop dispute with one very rude Tesco store manager back in Dec , I returned with the TVs a few more times only to be told that rude store manager was the boss and no one there could do anything without his say so. Tesco mgr never acknowledged or returned any of my visits, phone calls or written correspondence, despite receiving assurances that he would do so.

I also contacted Tesco Tech Support Hotline. Following weeks of constant argument with them, both by email and on the phone, and escalation to supervisors, the Tesco Hotline deemed the TVs to be beyond repair and to have a zero value ... zero, as far as Tesco was concerned. Didn't matter that customer was several €100s out of pocket with 2 faulty TVs.

This was without any inspection or additional information, simply based on the original purchase price. They kept quoting me UK consumer law - I very much enjoyed informing them that Ireland is not part of the UK! Tech Hotline informed me that this was the end of the matter as far as they were concerned and there would be no more correspondence from them. Basically Go Away. End Of.

I then contacted Tesco Customer Service in Ireland by email - following several ignored emails, CS eventually replied saying TVs were out of warranty. Again quoting SOG Act, and more emailing, CS eventually replied with a phone number for the tv manufacturer advising I contact manufacturer directly.

I refused, indicating that it was up to the Seller to follow through with manufacturer directly, and not the Buyer.

Another few emails later to and fro, Tesco CS finally indicated that someone would be in contact with me later that day to resolve the issue issue. No indication given as to who or why. And no phone call that day.

I did get a call about a week later from a tech support company in Ireland (for the manufacturer, I think?) who were great in terms of Customer Service. The TVs were returned and I got a call last week to say full refund on the way ... directly from the manufacturer!!

So while am very happy with end result, I think it is all deserved .. both TVs were only used a handful of times.

But it took a lot of time ... Tesco was useless in terms of customer service .. I am still waiting on a reply to an email sent 15 days ago.

whiterebel

Well done, perseverance paid off.