Clarification please

[5printst]

I've tried not to be lazy and have looked up the links to SOGA and Tesco's own policies,

.. but I'm still having difficulty getting the facts exactly straight.

 

My son bought a Praktica TV from Tesco 5 months ago it is not working now (does not switch on at all).

 

He still has the receipt, paid using debit card.

 

He has been told that they will not refund or replace but send it for repair because it is past 28 days old.

 

Tesco's Electrical Goods Refund Policy states that "Electrical products are guaranteed for 1 year. Please return electrical products to your local Superstore or Extra with proof of purchase for a refund, exchange or repair.

 

Apparently according to Tesco's interpretation of SOGA they are the ones who make the choice. My son would like a refund or replacement, they have said it is not up to him.

 

It has always been my understanding that our consumer rights were protected by legislation and that if a product is not fit for purpose ( because it doesn't work !) or faulty, this falls into both categories, then you can reject the goods and have a refund or replacement. I have always understood that I can choose not to have it repaired.

 

If I choose to have a repair then I might impact any further opportunities to reject the goods outright.

 

Could one of my experienced forum friends please enlighten me ?

 

Thanks

 

John

[ims21]

Hi

 

This may help

 

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

 

ims

[dx100uk]

if it does fail after the repair

that will make your situation better toward refund/replacement

 

dx

[theghost]

5 months is too long to have rejected the goods, so they can choose what to offer.

 

if they cannot fix it then they can offer a refund minus a sum for the 5 months use you have had.

[mmatt]

As the posters above have said, Tesco are entitled to offer you whichever of the three (repair/refund/exchange) it deems best value and convenience for all parties. In TV's this is always repair. If the repair does not fix the issue, they will usually give you a direct replacement, or if it's a discontinued model, they will either offer you an equal-spec replacement, or send you back into store with a returns number for a refund.