Very...Faulty tv...can I return?...

[kezzy400]

Hi there,

could I please have a little bit of advice regarding Very and their customer service?

 

I recently ordered a Samsung tv from Very which ,

on receipt, was faulty ( there was a loud movement in the back of the tv)

 

I emailed them, explaining the fault and they gave me a number to ring (a Samsung engineer) so I could arrange for them have a look.

 

A Samsung engineer took the tv away, saying they had never heard of this fault and returned it saying that they could do nothing about the movement in the back of the tv,

but that they had replaced the screen as they had the tv on for two hours and had reported a line across the screen, so had replaced the screen!

This, I was unaware of!

 

I again emailed Very, stating I was unhappy paying for a very expensive tv that was faulty from the start

and I want to return it, but they keep saying to contact the Samsung engineer,

who said they could do nothing about the fault..

 

.can I return the tv without any permission from Very (as a normal 'return')

or can they dictate what I should be doing i.e pay for a faulty tv whilst trying myself (through phonecalls etc to Samsung) to get it repaired..

 

..I really would love to have some advice so I know what to say to them regarding my rights :o(

[Last Of The Time Lords]

They haven't got a leg to stand on although you should have gone to Very not Samsung. Your contract is with them not Samsung. Ignore their claims and insist on a return for a refund/replacement. There is an EU directive (can't recall it off the top of my head) which means you have to give the seller chance to repair it. If memory serves me well, this doesn't kick in until after about 30 days so you are ok to demand a refund/replacement in that time and yours was faulty right away.

 

Your rights come courtesy of the Sale of Goods Act 1979 and in your case S.14 would apply. They cannot overrule these rights with any contract terms (small print) because of S.6 of the Unfair Contract Terms Act 1977.

 

When an item in question costs under £5k, you do not pay court costs whatever the outcome. If they won't budge after a firm letter stating your rights, take them to court. The cost is low for starting proceedings and you can represent yourself (I would do it if you lived near me for free) but Very would have to pay a lawyer to fight the case.

 

In simple terms they would more than likely cave in long before then. Also remember that within 6 months of the goods being delivered to you, if the goods are faulty the onus is on them to prove the goods were fine upon delivery rather than for you to prove they were faulty.

 

I am going to have a look at the small print on Very's website out of curiosity.

[Last Of The Time Lords]

Just copied this from their site: Sale of Goods Act 1979

If any product we supply fails prematurely due to an inherent fault (manufacturing defect), we will provide you with an appropriate remedy e.g. repair, replacement, or refund. Just call us on 08448 222 321.

 

Take strictly at face value, this seems to suggest they will comply only if any product they supply fails prematurely due to an inherent fault (manufacturing defect) which is restricting the sections of SOGA. That would fall foul of UCTA anyway.

[dx100uk]

yep agreed NOTHING to do with Samsung a t all!!

[kezzy400]

Hiya..thanks for your replies! I initially contacted Very who told me to get in contact with Samsung and I did this thinking it was for the best, but after having it returned with the same fault and Very, again saying to contact Samsung, I thought it shouldn't be me doing this! So I think I'll send it back now stating my rights! Many thanks for your help! Kerry:-)

[kezzy400]

Hi all, after speaking with Very and getting VERY angry with them they are refusing to collect the tv as the Samsung engineer told them they had fixed the screen (something we never complained about) and that the tv worked, despite the fact that there is a loud movement in the back that they couldn't do anything about. They have also said if I send it back myself that they'll just return it back to me because it worked, even though there is something wrong inside. To say their customer service is a disgrace is an understatement! Am I within my rights to send it back? Many thanks Kerry

[dx100uk]

I take it the item is on tick

i'e you've not paid for it?

 

dx

[kezzy400]

Yes thats right, does that make a difference? :o)

 

At the minute I'm waiting for a phonecall from the 'manager' as customer services refused to speak to me as I wouldn't back down.

[dx100uk]

I was hoping for section 75

 

time for an email to the CEA me think

 

you could send it back yes

 

its theirs , you have not paid anything

 

cancel the order too.

 

dx

[kezzy400]

Sorry for sounding stupid but what is section 75 and the CEA?

 

I'm just worried because they made it sound like I would be doing something badly wrong if I dared to send it back myself...they just said that if you can turn it on then its not faulty, regardless of the movement (like the whole inside can slide from side to side) in the back of the tv, so I couldn't send it back. And I'm not holding out for the phonecall either! lol

[dx100uk]

sri I that should be CEO [director etc]

 

as for section 75

that's to do with a card company being equally responsible for the product

 

doesn't apply here

 

dx

[Hacked_Off]

Try the CEO

 

alex.baldock@shopdirect.com

[Last Of The Time Lords]

This is beyond a joke now with these idiots. They have to prove the TV is not faulty as per S.48A of SOGA within 6 months of delivery to you.

 

If you send it back, do so with a covering letter stating rejection under SOGA. If they send it back then they are dismissing your statutory rights.

 

I honestly think you should not waste any more time on diplomacy. If they don't back down immediately, go on the offensive and take them to court. How long has it been now since you had the TV delivered?

[kezzy400]

Hiya, it was delivered the second Friday in March, to which I emailed them over that weekend, and they answered on the monday with all the Samsung stuff and its been going on since then. I can't understand them, they obviously sent a faulty tv (the fault I complained about and the 'faulty' screen, according to Samsung, that they supposedly replaced). They must be mad to think some one is going to pay £500 for some thing that isn't perfect. To me, and I don't know much about tv's, you shouldn't hear movement in the back of a tv like what you hear in this one and then to be told its normal!

[kezzy400]

And they got more than a little shirty when I told them I was going to charge THEM for the return I'm going to have to pay because they won't pick up. They charge every one for delivery so why shouldn't I charge them? lol