hughes741

i bought a new 3d samsung tv which turned out to be faulty the hdmi ports do not work. phoned samsung and they said all they can do is send an enginner to repair it. do i have the right to refuse this and demand a new one under warranty as it is brand new ?

GC8

All you can demand from Samsung is what the terms of their warranty offer. They dont have to offer a guarantee, but what they do offer is now legally enforceable.

Your contract is with the retailer and it is the retailer who is responsible for this. You can reject the item or you can elect to have it repaired. If you go down the repair route youll almost certainly end up with exactly what the manufacturer offered, as the retailer will call the manufacturer...

I would call the retailer first and take it from there. Remember that your contract is with them, and no matter what they may try to tell you, theyre responsible.

GC8

Id insist on a full refund and a new sealed box purchase.

my94wrx

iTrader: (4)

+1

wwp8

normally within first 28 days, refund, exchange can be granted

Midlife......

iTrader: (2)

I looked at Samsung LED TV's and there were reports that some HDMI plugs were slightly too big to fit into the ports as the TV was so slim................ people had to get slimmer HDMI.

Just a thought.

Shaun

GC8

This rubbish thats perpetuated by retailers. The only real distinction in the law comes at six months, after which the onus moves onto you, requiring that you prove that the fault was there from manufacture: rather then their having to prove that it wasnt.

Even if this point has passed (so from six months after purchase until one year after purchase - and in England and Wales your rights extend to six years) they still cant hope to get away with offering a depreciated credit, so youll still be looking at a full refund.

Lisawrx

iTrader: (1)

Quite right GC8.

The 28 day thing usually refers to if you change your mind about a product, not if it's faulty. However retailers may want you to think otherwise. Just like they try to say you need a receipt for a faulty item.

GC8

They frequently confuse their customer service policy (which they make up the rules for), with 'the law' (where they obey the rules).

Lisawrx

iTrader: (1)

This is true. And it's quite funny when you go into a store knowing your rights (it helps working in one) and staff claim 'the law' on issues, when clearly they are spouting policy that goes against actual law.

Strange how they come around.

wwp8

most retailers don't offer a change of mind policy if the item is opened

GC8

So what? That has nothing to do with this. There is not a twenty eight or thirty day limit on a retailers responsibility, no matter what they or others argue.

Lisawrx

iTrader: (1)

Sometimes not, but I said nothing about that. Most retailers will allow some amount of time to return goods if you either change your mind or are not satisfied with them. It can become complicated then if it's a matter of the product not being 'fit for purpose' or 'of satisfactory quality'.

If however, you simply change your mind, I'd personally expect the item to be returned in it's original state, some retailers will accept goods back if opened but with all the packaging etc. in tact so it can be re-sold.

The case of the OP has nothing to do with changing his mind however, it's because the item he bought in good faith is faulted therefore in any capacity the 28 day thing (or any other returns policy time frame) is irrelevant.

hughes741

spoke to the retailer who have said i can return the tv back to them at my own cost (merseyside to london) and they will refund the payment. problem is i wanted a replacement and nowhere seems to have any stock( waited 3 weeks for this one). if i accept the offer to repair it am i likely to have problems with it in the future or should i just send it back for the refund and look for something else

GC8

You are entitled to compensation and this isnt limited to the amount paid for the item. If their faulty goods cost you, say, £50 to return, then theyre liable for this too.

Personally, Id only ask for this once - if they dont shoulder their responsibility, or even realise that theyre liable, then its best to get the return and refund sorted out and then pursue them for the costs later.

I wouldnt accept a repair on a new television myself: although if a replacement wasnt available then I might let the engineer come and look and show me what needed doing. Perhaps the HDMI ports are on a separate board? I doubt it though: get your money back...

andys

you are using HDMI 1.4 compatible cables?

hughes741

yes tried 7 different hdmi cables 3 of which are brand new v1.4 hdmi's

scud8

iTrader: (1)

Did you buy the TV over the phone/internet or in person? If over the phone/internet then the distance selling regulations apply and you could return it for a full refund even if you just changed your mind. They are responsible for collecting the item after refunding you and they cannot legally charge you for this collection or a restocking fee.

Leslie

The acknowledged expert on getting a duff TV replaced is Pete Lewis. Not only did he get a new TV but he has still got the original one with a bad pixel!

He managed that from Curry's, so he is the man!

Les

GC8

Dont. Im 85% sure that he was lying and that it was all a fabrication. He couldnt name any of the people that he was dealing with when I tried to help him - as soon as this became relevant he clammed-up. My girlfriend worked in the office that he claimed to be dealing with.....

Matt (Terzo333) on the other hand; new everyones name and I was able to steer him to a refund in a difficult circumstance.

I saw little point in brining this to peoples attention, but I cant leave it unsaid now.

hughes741

got them to agree to pick it up but he keeps insisting that i ensure it is packaged as when new. i kept the box and most of the polystyrene peices but a few of the plastic bags and pieces of polystyrene got thrown away as i wasnt intending to send it back. can they refuse to refund if its not exact. i was thinking because the tv is faulty it shouldnt matter should it?

Leslie

Well without any inside knowledge I am obviously not qualified to say one way or the other. I prefer to believe what people say until they are proved to be wrong.

Les