Damaged 3D TV harvey normans

goz83

Short Story:

Bought a 55" LG 3D smart tv from Harvey Normans today. Got it home and the screen has a serious peeling problem. What looks like protective cover is coming away from the screen and behind, there is no image, just white. There is also a crack on the top of the screen, about 3" long. It was too late to ring/return tonight. I plan on ringing in the morning and telling them exactly what happened and I expect they will replace, but wanted to know if anyone had any advice, or similar issues with a tv, or harveys?

Detailed Story:
I purchased an LG 55" 3D tv from Harvey normans today http://www.harveynorman.ie/lg-55-led-cinema-screen-tv-55la690v.html and when I got home, I got to work on hanging the wall mount. I took the tv out of the box and put all the bits and pieces in order. I checked to make sure it wasn't damaged and it looked OK. What I thought was a small scratch and peeling protective plastic would later turn out to be more serious. Myself and the OH set the tv on the wall mount and I went ahead with setting the tv up. While it was tuning, I started to take the stickers off and when I stood up on the coffee table to peel the already loose material from the screen, noticed that there was no image behind the peeling material. It's a massive layer that's come away from the screen and stretches a third of the way down the left of the screen and half way across the top and stops where the crack begins. I don't know what this layer is, but the screen has no image without this layer. I'm pretty disappointed, because I was looking forward to chilling out to watch a movie, but this has ruined my purchase. Any advice?

ytpe2r5bxkn0c1

Bring it back straight away???

goz83

Jeffrey Unsightly Vest wrote: »

Bring it back straight away???

Would I be able to just switch the tv rather than packing everything back up into the box, which is a bit worse for wear?

I did a quick search to see if anyone has had this problem and it turns out to be some kind of filter layer and lots of people have peeled this off, thinking it was a protective layer. Mine was already peeled and I'm wondering if they made a mistake and gave me a model that someone returned

Will be ringing them first thing in the morning. Actually, I might be at the shop 1st thing :mad: but I was wondering if I would have to pack up the whole thing again, or just swap out the tv?

foggy_lad

bring the TV back as it is but make sure it does not get further damaged on the journey, also bring all the packaging with you.

goz83

Just to be safe, I will pack it all up. Wouldn't want to break a broken tv after all. So annoying. They wee also €100 more expensive than Currys, so I got them to match the price and also discount the wall mount.

goz83

I packed the tv up and brought it back to Harvey normans in swords. I got there as the doors were opening and went straight to the sales guy I dealt with. I told him the tv was damaged and said I had it outside, so he carried it in with a colleague and opened it up on the shop floor. They looked at the damage and agreed the tv was kaput. The peeling part was actually the LCD screen and it looks like the crack might have caused the screen to peel over time. After checking to see if the tv was a return and given out by mistake (it wasn't) the sales guy agreed to change the tv for me. They have no stock in store left, but have more coming from the depot toay. I was given a credit note and was told they would call when the tv arrives, which saves me a trip to Drogheda today. Will post up when my brand new tv is up and running.

jacko1

goz83 wrote: »

I packed the tv up and brought it back to Harvey normans in swords. I got there as the doors were opening and went straight to the sales guy I dealt with. I told him the tv was damaged and said I had it outside, so he carried it in with a colleague and opened it up on the shop floor. They looked at the damage and agreed the tv was kaput. The peeling part was actually the LCD screen and it looks like the crack might have caused the screen to peel over time. After checking to see if the tv was a return and given out by mistake (it wasn't) the sales guy agreed to change the tv for me. They have no stock in store left, but have more coming from the depot toay. I was given a credit note and was told they would call when the tv arrives, which saves me a trip to Drogheda today. Will post up when my brand new tv is up and running.

You are actually entitled to a cash refund rather than a credit note as the goods sold were not of merchantable quality

coylemj

jacko1 wrote: »

You are actually entitled to a cash refund rather than a credit note as the goods sold were not of merchantable quality

AFAIK they can offer a replacement which discharges their obligations under consumer law. I think after several attempts at repair you can demand a refund but on the first visit they can give you a replacement and you must accept it.

If things go wrong

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.

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

jacko1

Where goods turn out to be faulty and where you are not to blame, you have a number of options under consumer law. Faults with goods may be major or minor and present different issues for particular products.

If the fault is major, for example if you buy a mobile phone and it stops working shortly after you start using it due to a major fault with the phone, you have the option to reject the goods and rescind (end) the contract.If the fault is minor, for example a button is missing from a piece of clothing you bought, you have the option to request a repair, replacement, a reduction in the price you paid or a refund. However, if the trader refuses to meet your requests or there is an unreasonable delay in providing one of these remedies, then you have the right to reject the goods and rescind the contract.

Your contract is with the retailer or supplier who sold you the goods or products so if there is a fault, it is up to them to fix it. You may also have extra protection if you have a guarantee or warranty from the manufacturer

http://www.consumerhelp.ie/faulty-goods

coylemj

Those two agencies are giving out conflicting information, the one I quoted clearly implies that the choice (of refund or replace) is in the hands of the seller i.e. 'the seller can either.... '

Bepolite

I actually queried Jacko's assertion, did an entire post including the legislation. Read over it again and actually realised he was right.

Breach of a warranty under the Sale of Goods Acts is not grounds for repudiation, breach of a condition is. The 'merchantable quality' requirement is an implied condition, therefore if it is breached the consumer may repudiate the contract.

Interesting, to me at least, as I was unaware of this.

jacko1

Bepolite wrote: »

I actually queried Jacko's assertion, did an entire post including the legislation. Read over it again and actually realised he was right.

Breach of a warranty under the Sale of Goods Acts is not grounds for repudiation, breach of a condition is. The 'merchantable quality' requirement is an implied condition, therefore if it is breached the consumer may repudiate the contract.

Interesting, to me at least, as I was unaware of this.

No prob - it really depends on the nature of the problem - but if you have no picture on the screen then its def not of merchantable quality

dudara

Let's not bring warranty issues into this, as this topic does not involve warranties. We try to keep the forum legalese-light here, unless required.

dudara

Bepolite

dudara wrote: »

Let's not bring warranty issues into this, as this topic does not involve warranties. We try to keep the forum legalese-light here, unless required.

dudara

Another reason why there is so much confusion. A warranty in this context is not the warraty as you understand it, when you buy something the terms of your rights under the Sale of Goods Acts are warranties, unless they are a condition as discussed above - well until you deleted the post

dudara

Bepolite wrote: »

Another reason why there is so much confusion. A warranty in this context is not the warraty as you understand it, when you buy something the terms of your rights under the Sale of Goods Acts are warranties, unless they are a condition as discussed above - well until you deleted the post

I understand your point - but this needs to be expressed in clear English. Plus the conventional general use of the word "warranty" is different to that used in a legal context. Using warranty in this manner is muddying the waters, not clarifying. If you want to go into legal detail, then we have the Legal Discussion forum.

goz83

Well this thread got longer :P

Anyway, my TV is up and running and i'm a happy man. It definitely looks like I was sold a returned item, because the replacement was properly sealed at the bottom and the original box was not. Also, a dead give-away was the fact that I received 2 remotes (1 magic and 1 normal) with the new tv. The normal one was missing from the 1st one. I also had t set up the magic remote on the new one, where the other was already set up (I wasn't aware a remote needed setting up). The packaging was also neater....all things easily overlooked if the screen had not been damaged.

I went to Tesco t buy a couple of 3D dvds, but was disappointed to find they don't sell them

I also did not get a copy of GTA5 because I hadn't pre-ordered

Ah well. Can't win em all. I'll just watch Iron Man 3 and eat my chipper that just arrived

dudara

Glad to hear that it's all been sorted satisfactorily