Am I Entitled to a New TV?

Q.

I purchased an LCD TV in January of this year via ebay. It has recently stopped working so I packaged it up and sent it at my cost to the company as they requested in the original box it came in. Since this happened they have sent me as a replacement, a second hand set, but it was not in a suitable box and was quite clear it had been battered about so I sent an email rejecting the item sent and asking for my TV back repaired in its original box or a new set.

They then sent me another second hand set (but not in its correct packaging) and came to collect the other set. However I told them at such short notice I was unable to receive the package as I have to be at work. Since this has happened I would rather have my own set back repaired or a new one in the correct box I sent my set away in. Could you let me know my rights as the consumer? Can I expect the set to be returned in its correct packaging?

A.

The indication is that you didn’t buy the set on auction at eBay, but rather that eBay was simply the venue for the sale. As you bought from a company, whether the item was new or second hand, that means it’s covered under the Sale of Goods Act 1979, meaning that the item has to be of satisfactory quality, safe, and as described. If it has been a private sale of a second hand item, about the only thing to protect you is that the seller can’t misrepresent the item (i.e., say it’s working when it’s not).

Unfortunately, since more than six months has passed since you bought the TV, you’re in a bit of a grey area. In general terms, the “reasonable” time allowed by the Act in which to return goods that are unsatisfactory or faulty ands receive a replacement, repair or refund has passed, and once more than six months has elapsed, the seller can insist that you prove the item was at fault. You’ve given no indication that you had a problem with it from the time of purchase.

That means they replaced your set with another as customer relations, although it could well be interpreted as an acceptance of responsibility for a faulty item (you haven’t mentioned any warranty or guarantee). However, if replacing it should have been like for like – a new set for a new set, then you were right in rejecting the item unless your item was second hand.

So what can you do? You could ask for the return of your original set with the repairs completed, but at this stage you might well have to pay for those repairs if the seller proves problematic on the issue. It’s certainly worth pursuing that – since they’ve supplied sets, albeit second hand, as replacements, that tacit admission of responsibility means they might make the repairs free of charge.

If your set was new, you shouldn’t let yourself be fobbed off with second hand replacements. It’s certainly worth pointing out that under the Sale of Goods Act 1979, their actions would indicate they’ve accepted responsibility for the fault and seeing what happens.

Our Facebook Fan Page

Why not join the ConsumerRightsExpert Fan Page so we can keep you up to speed with our thoughts and maybe you can share yours or ask a question (there's a join button up on the left!)...

 Share on Facebook  Tweet This!  Stumble!  Digg It!