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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61063
Experience:  Qualified Solicitor
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I purchased a TV from a well known store in Newcastle upon

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Hi. I purchased a TV from a well known store in Newcastle upon Tyne which offered a 5 year warranty.
Assistant: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: after 6 Months if use I lost the picture and only had sound. I reported it to the store & true to their word they sent an engineer out a week later, the engineer quickly identified the fault ‘screen blown, & needs replaced!
Assistant: What steps have you taken so far?
Customer: Sorry Pearl I’ll send rest off that message now pressed to early ‍♀️ The engineer has arranged for a replacement screen to be fitted next Wednesday. I’m very happy with the treatment I have received, but I have contacted the store to say I’d prefer A replacement tv as replacing the screen would in my opinion deem it as a reconditioned set, and as a single parent who saved for this big purchase would prefer a replacement! I would just like to know my rights as he said I’ve had it more than 28 days therefore a repair is all they could offer! Had the tv been even a couple of years old I’d not even of questioned their decision. Thank you for taking the time to read this. Kind regards Eileen
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Think I’ve covered everything thank you

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

When exactly did you buy it and was it online or in-store?

Customer: replied 6 days ago.
It was in store purchase date February 2019

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

{C}· of satisfactory quality – they must not be faulty or damaged when received

{C}· as described – they must match any description given at the time of purchase

{C}· fit for purpose – they should be fit for the purpose they are supplied for

 

If they do not meet the above requirements, you will have certain legal remedies against the seller. Any rights under a warranty that came with the goods are entirely separate so even if you had no warranty, you would still have the statutory rights. Do note, however, that 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.

 

The rights against the seller are:

 

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be done within 30 days of purchase or delivery.

 

2. Repair or replacement – this can be done within the initial 30 days, or after that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. There is a ‘one shot chance at repair’, meaning that if a repair has failed, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.

 

So you could rely on your statutory rights to ask for a replacement, rather than asking them to go through the warranty and say you can only have a repair.

 

Does this answer your query?

 

Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 days ago.
Hello Ben
Thank you very much for your reply, very helpful
Kind a regards
Eileen

All the best