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How likely am I to get a TV refund

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  • 31-12-2012 5:43pm
    #1
    Registered Users Posts: 1,815 ✭✭✭


    I brought a TV just over a year ago, this summer it developed a fault where it flickers intermittently. I returned it a month ago, it took 4 weeks to get it back. I then turned it on today and the problem has reappeared. I rang the repair company and they said it was a power supply issue and they won't get them until Feb 13. The TV is quite big and cost nearly a grand so its a right pain now. I would just like to get a refund at this stage as even if it is repaired I feel its likely it will take an age and probably won't work anyway.

    Its actually out warranty, but I think I still have recourse as they did not fix the initial issue.

    I was more than willing to go with a repair initially, but I reckon its pretty likely the TV won't make the 2 year mark at this rate and it can't be replaced directly, so I think store credit/ refund is the only way out without wasting all the money I spent. What do you guys think ?


Comments

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


    imitation wrote: »
    I brought a TV just over a year ago, this summer it developed a fault where it flickers intermittently. I returned it a month ago, it took 4 weeks to get it back. I then turned it on today and the problem has reappeared. I rang the repair company and they said it was a power supply issue and they won't get them until Feb 13. The TV is quite big and cost nearly a grand so its a right pain now. I would just like to get a refund at this stage as even if it is repaired I feel its likely it will take an age and probably won't work anyway.

    Its actually out warranty, but I think I still have recourse as they did not fix the initial issue.

    I was more than willing to go with a repair initially, but I reckon its pretty likely the TV won't make the 2 year mark at this rate and it can't be replaced directly, so I think store credit/ refund is the only way out without wasting all the money I spent. What do you guys think ?

    You are completely covered on this. The retailer has to either refund OR repair OR replace it for a period of so many years depending on the item. Forget about the warranty, its irrelevant. You have consumer rights they cannot deny.

    You need to use "The sale of goods and supply of services act 1980" to get redress.

    As you have already had it fixed once, and the issue is still there AND they cannot get the parts for another month, you can press for a refund. The can refuse it, but if they do, you can take them to the smalll claims court and probably win.

    Do a search on this forum. Loads of people have been here before.

    Oh, and another thing. The shop has to deal with this, not a repair company. Get onto the manager POLITELY and ask for a refund.


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


    Maybe I should add, they have fixed it once already, so they have had their chance at the repair. The key is to get the manager of the store and make sure you POLITELY tell him "The sale of goods and services act 1980". He may claim company policy is this, and company policy is that. It does not matter.

    You have your rights and they had their chance.

    This legislation eclipses the standard warranty, which most people think is the be all and end all of their responsibility.

    ITS NOT !


  • Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    ...
    As you have already had it fixed once, and the issue is still there AND they cannot get the parts for another month, you can press for a refund. The can refuse it, but if they do, you can take them to the smalll claims court and probably win...
    The seller can, however, choose to give a replacement rather than attempt another repair. You might not do well in the Small Claims Court if you refuse a replacement.

    The generally-accepted view is that the seller gets one shot at each remedy.


  • Registered Users Posts: 3,095 ✭✭✭ANXIOUS


    Is it a Samsung tv?


  • Registered Users Posts: 1,815 ✭✭✭imitation


    Its a Philips TV, part of the problem is that they have stopped selling in Ireland (apparently) so it has to go to a repair place in Dublin. I don't think they can feasibly replace the TV with the same model. The law isn't set in stone so I'm expecting to have to do a bit of polite debate about it.


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  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    imitation wrote: »
    Its a Philips TV, part of the problem is that they have stopped selling in Ireland (apparently) so it has to go to a repair place in Dublin. I don't think they can feasibly replace the TV with the same model. The law isn't set in stone so I'm expecting to have to do a bit of polite debate about it.

    It is. Read SI 11 of 2003 for clarification.

    (Okay not set in stone but pretty clear) OP you sare well within your rights to request a replacement.


  • Registered Users Posts: 1,815 ✭✭✭imitation


    So I have been waiting for 4 weeks for a replacement having sent back the TV and still nothing, do I have any course of action open to me other than waiting around like an tool ?


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


    Yes - the Small Claims Court. You need to apply pressure to the retailer in order to get them to remedy the situation. BTW - what did you send the TV back for? What did the retailer promise you?


  • Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    You are not obliged to put up with unreasonable delay. I suggest that you write to the seller in a formal tone saying that as they have failed to provide you with a replacement in reasonable time, you now require an immediate refund of your money, failing which you will initiate legal proceedings.


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