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Problem with TV- Replacement?

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  • 18-08-2009 9:33am
    #1
    Registered Users Posts: 3,786 ✭✭✭


    Hi all,

    I bought a TV and was delivered to my house on the 13th of August, when I turned it on there was a line on the screen that was discolored. I rang the shop and informed them of the problem. The line disappeared after an hour or two but has since come back and is there every time I turn on the TV.

    As the TV is only 5 days old and had the problem since day one, am in entitled to a replacement?

    Thanks.


Comments

  • Closed Accounts Posts: 17,208 ✭✭✭✭aidan_walsh


    Neilw wrote: »
    Hi all,

    I bought a TV and was delivered to my house on the 13th of August, when I turned it on there was a line on the screen that was discolored. I rang the shop and informed them of the problem. The line disappeared after an hour or two but has since come back and is there every time I turn on the TV.

    As the TV is only 5 days old and had the problem since day one, am in entitled to a replacement?

    Thanks.
    Repair, replacement or refund at the stores discretion.


  • Closed Accounts Posts: 34 finishedart


    Neilw wrote: »
    Hi all,

    I bought a TV and was delivered to my house on the 13th of August, when I turned it on there was a line on the screen that was discolored. I rang the shop and informed them of the problem. The line disappeared after an hour or two but has since come back and is there every time I turn on the TV.

    As the TV is only 5 days old and had the problem since day one, am in entitled to a replacement?

    Thanks.

    Under the Consumer Law you are entitled to a total refund with no quibble from the shop. Don't take credit notes. Make sure you get your lovely lolly back into your mits.


  • Registered Users Posts: 3,786 ✭✭✭Neilw


    Repair, replacement or refund at the stores discretion.

    I understand that but if they decide to repair it I could be without a tv for weeks, that's not acceptable imo, especially as the tv had the fault from day one and the shop was informed of this.


  • Registered Users Posts: 3,786 ✭✭✭Neilw


    Under the Consumer Law you are entitled to a total refund with no quibble from the shop. Don't take credit notes. Make sure you get your lovely lolly back into your mits.

    Now thats what I want to hear :D


  • Closed Accounts Posts: 17,208 ✭✭✭✭aidan_walsh


    Neilw wrote: »
    Now thats what I want to hear :D
    It might be what you want to hear, but its not necessarily right.

    http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/consumers_and_the_law_in_ireland
    If you have a problem with an item that you have bought it is always the seller who should put things right. As a general rule, the seller can either repair or replace the item. Alternatively, they can refund the costs of the item or service to the consumer.

    If you are not satisfied with the quality of goods or services you can:

    * Return the goods to the supplier who sold it to you (you should not return the goods to the manufacturer)
    * Act as soon as you can – a delay can indicate that you have accepted faulty goods or services
    * Do not attempt to repair the item yourself or give it to anyone else to repair it
    * Make sure that you have a proof of purchase (a receipt, cheque stub, credit card statement or invoice)


    Retailers are not obliged to give refunds or credit notes under the above circumstances even if you show proof of purchase.

    It is important to note that there are no hard and fast rules as to which remedy you should be entitled to. When seeking redress for problems with goods or services the circumstances of each individual case must be taken into account.

    Now, thats not to say don't go and plead your case. If you don't ask you can't get after all. But don't go in expecting that they will have to do exactly what it is you want in an ideal situation.


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  • Closed Accounts Posts: 3,683 ✭✭✭Kensington


    Under the Consumer Law you are entitled to a total refund with no quibble from the shop. Don't take credit notes. Make sure you get your lovely lolly back into your mits.
    Incorrect. You are entitled to a Repair, Replacement or Refund, under Consumer Law. Doesn't state anywhere in Consumer Law who gets to choose the form of recourse, nor does it state which form of recourse automatically applies.

    I would imagine though, if the shop is in anyway reasonable in this case, the OP would have no problem getting a straight-out replacement from the shop or even a refund if you specifically request it.


  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Under the Consumer Law you are entitled to a total refund with no quibble from the shop. Don't take credit notes. Make sure you get your lovely lolly back into your mits.

    Please dont give advice like that when you dont know what you are talking about. It is because of advice like this, that people make demands which are wrong.

    You are only entitled to repair OR refund OR replacement at the discretion of the shop.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    As many posters have said, you are entitled to one of the 3 Rs - repair, replace or refund. This is at the shop's discretion.

    Having said that, most reasonable shops will probably give you a straight refund or a replacement, rather than a repair, especially considering the telly is brand new.

    Just go in and be polite. Don't demand a refund (although you can ask, if you get the difference ;))


  • Registered Users Posts: 3,786 ✭✭✭Neilw


    Thanks for the advice.

    I'm not too pushed on getting a refund and a repair could take weeks.
    I would be 100% happy if they replace the tv as I'm very happy with it otherwise.


  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Neilw wrote: »
    Thanks for the advice.

    I'm not too pushed on getting a refund and a repair could take weeks.
    I would be 100% happy if they replace the tv as I'm very happy with it otherwise.

    Thats perfectly understandable but unfortunately you do not have the right to a refund (yet). Your best bet is to go in and have a quiet chat with the manager or friendly sales assistant. Ask can you swap it for another one and see how you get on.

    If you go in demanding things, they may insist on a repair which will take time.

    Good Luck.


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  • Registered Users Posts: 3,786 ✭✭✭Neilw


    Thats perfectly understandable but unfortunately you do not have the right to a refund (yet). Your best bet is to go in and have a quiet chat with the manager or friendly sales assistant. Ask can you swap it for another one and see how you get on.

    If you go in demanding things, they may insist on a repair which will take time.

    Good Luck.

    That's the plan alright. I'm just waiting for a call back from the shop....fingers crossed :)


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Thats perfectly understandable but unfortunately you do not have the right to a refund (yet).

    He does have the right to a refund, but the shop also has the right to offer replacement or repair.

    Since it didn't work from day 1, and you told them immediately, I'd look for a replacement, as a repair is a bit unreasonable for something that's broken on delivery.


  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    He can ask and he may even get it, but is NOT entitled to it.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    He can ask and he may even get it, but is NOT entitled to it.

    No, he is not entitled to it, but he does have a right. Having the right to one of three doesn't mean you automatically get the one you want. In the case of a dead on a arrival purchase, he has a very good case for refund or replacement, over the repair option.


  • Registered Users Posts: 3,786 ✭✭✭Neilw


    Result -

    Just got a call to say a new TV will be delivered to me on Thursday :)

    Thanks for your advice!


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    Good result there Neilw - hopefully it's all sorted now.


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