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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a TV on 07.01.13. The TV has developed a fault.

Resolved Question:

I purchased a TV on 07.01.13. The TV has developed a fault. I've contacted the suppliers who referred me to the manufacturers. I've contacted the Samsung and been told that it is out of the 12 month warranty. They would do a diagnostic check and repair which I would have to pay for. I think a TV should last longer 17 months. I asked to speak to someone in authority. All the customers service person can do is refer me to escalations via email?? I just think this isn't really good enough and want to know if I have any rights as a consumer? Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Where did you purchase it from?

Customer:

RLR Distribution Ltd

Ben Jones :

And they are not helping in any way?

Customer:

Their response was purely to send me back to the manufacturer's, as in Samsung, giving me their contact details and pointing out that I have a 12 month warranty with them even though, had they read my email, they would have seen that the warranty will have expired. I do have their email response should you wish to see it??

Ben Jones :

it's ok thank you, XXXXX XXXXX just get my response ready now

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.


 


The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee, so if the warranty is no longer valid you cannot place any liability against the manufacturer and can only pursue the seller. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.


 


If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:


 


1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.


 


2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.


 


A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods were faulty at the time of sale. So as it is over a year after the purchase it is now for you to prove that the item was not as described or of satisfactory quality at the time of purchase.


 


As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.


 

Customer:

OK. Thank you. I'm not sure I fully understand your response but I do know that a TV should last longer than 17 months.

Customer:

Could you just clarify two things for me please.

Customer:

1. What are the applicable laws and rules..... precisely? And can I print your response to help me, when I contact the seller as there is no way I'll remember otherwise!!

Ben Jones :

It may be worth re-reading the response a few times just to try and understand it in more detail. The applicable laws are the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002. You are indeed able to print this off to use as you wish

Customer:

Ok. Thanks Ben. Just to add insult to injury, I appear to be having trouble with my printer. Please just give me a minute to write down the Acts

Ben Jones :

You can take as long as you need

Customer:

That's done. Wish me luck and thanks again!

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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