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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I bought an expensive 48 inch Samsang television from

Resolved Question:

I bought an expensive 48 inch Samsang television from www.ebuyer.co.uk It was delivered by Parcel Force, but we were out so they stored over night at a local Post Office. We collected it and stored it in the cottage it was bought for, (our soon to be holiday cottage), whilst we found an opportunity to mount it on the wall and set it up. We meanwhile went on holiday and finally got around to getting it out of the packaging and setting it last week. (4-weeks after we took delivery of it). On taking it out of its packaging we turned it on and realised the screen was damaged and no picture was possible. In fact we notice there was a rip in the box it was delivered in, in exactly the corner where the screen was damaged. We rang Ebuyer and they say they wont take it back or exchange it as should have been checked it within 48 hours of delivery. We are really fed up as we never noticed the ripped packaging and never occurred to us to that it might be damaged. It cost over £450 and I'm now in a situation where I have no television, £450 down and have no idea how to dispose of this broken one.
What can I do? What are my rights? We did nothing wrong other than not check it when we took delivery of it, which I had no idea we had to do. Should Ebuyer take it back? What are my other options. (It was paid for on a Visa DEBIT card not a credit card). Thank you. ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Hi there, apologies for the delay and thank you for the live phone call request. Please can you tell me how long ago you bought it. I am unable to talk at the moment but please leave it with me after you have provided the information requested. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when you receive them;

· as described – they must match any description given to you at the time of purchase; and

· fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller.

If the goods do not meet the criteria mentioned above, you will have the following rights:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.

A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet 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 fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.

If there is still time to reject the goods and request a refund, you may do so. If you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable rights you have under the Consumer Rights Act 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.