I fought the store and the law won

dohouch

It's a case of a broken , 18 month old TV. It's Tesco and it's in U.K. but the law is European.

http://www.guardian.co.uk/money/2009/may/23/tesco-consumer-guarantee



Something other than how curved a banana should be coming out of Europe!

calex71

Interesting read, especially regards laws being planned by eu , and UK awareness. Definitely something that needs to be addressed here.

Not just for consumers but educating the retailer on the laws too.

It takes a certain kind of person to stand in tesco arguing with them for over 30 minutes and in reality i think regardless of the shop most people would give up and go home

Cabaal

Thats very interesting alright, consumer advise should be pushing this

foggy_lad

I've still got no apology for being treated like a criminal just for exercising my consumer rights,

this is the story in most irish stores when people try to return goods not fit for purpose or faulty, even when it is within the guarantee period! we are treated like criminals!

kerplunk86

This is the directive here.
From the above:

The seller is liable to the consumer for any lack of conformity which exists when the goods are delivered to the consumer and which becomes apparent within a period of two years unless, at the moment of conclusion of the contract of sale, the consumer knew or could not reasonably be unaware of the lack of conformity.

Although it may sound quite confusing, a person could argue that a manufacturing fault would be covered by this directive since the fault existed before delivery to the customer. Thus this directive applies and the retailer/seller is liable for two years.

Davy

Last year we exposed how Amazon was offering repairs on items only up to six months old, relying on consumers deciding it wasn't worth pursuing the online retailer.

Never heard anything like that about amazon.

ShooterSF

While operating a computer repair business the amount of times I helped people buy laptops and have to explain to them in front of a salesman who was pushing an extended warranty that they had a 2 year guarantee regardless of what the store claimed was amazing.

foggy_lad

is that two year european directive not concerned more with goods being returned for replacement or refund more than a new period of warranty/after sales care for the retailer?

you can now expect a replacement or full refund instead of a repair for large electrical goods like televisions within two years of purchase and that the 6 year period in which the seller must provide after sales care still stands for repairs and part refunds as it is seen that you have had a certain value from the product after two years so would not be entitled to full refund or replacement?

kerplunk86

foggy_lad wrote: »

you can now expect a replacement or full refund instead of a repair for large electrical goods like televisions within two years of purchase and that the 6 year period in which the seller must provide after sales care still stands for repairs and part refunds as it is seen that you have had a certain value from the product after two years so would not be entitled to full refund or replacement?

Not entirely sure of what you mean here, but I would imagine that the retailer would still have the choice of Refund, Replacement, Repair?

the_syco

Interesting. Also, more interesting is the bit at the end:

Meanwhile, momentum appears to be gathering behind the EC's plan to impose a pan-European guarantee on all products, so you could buy something in Lyons and return it in Manchester. That right may be as little as a year away.

This will mean that the TV you buy up North can be returned to your local Tescos in the near future for repair...

MunsterCycling

kerplunk86 wrote: »

Not entirely sure of what you mean here, but I would imagine that the retailer would still have the choice of Refund, Replacement, Repair?

No where is it stated that the retailer gets to choose, its really a matter of negotiating but they often insist that they have the sole choice.

MC

jor el

MunsterCycling wrote: »

No where is it stated that the retailer gets to choose, its really a matter of negotiating but they often insist that they have the sole choice.

MC

It does however state that if you choose to accept a repair, and that repair is not permanent, that you can then seek an alternate redress, i.e. the choice to refund or replace becomes yours. You do not have to keep sending for a repair, contrary to a lot of store policies.