Aargh - Help please

[aqua0]

Hi folks,

Really need some help here with a retailer. I bought a Samsung TV (UE55ES8000) from a particular retailer as they normally have fantastic customer service should anything go wrong.

 

 

I've had the tv for just under 3 months and it's developed several faults.

The main one being the main card which sees any device that's plugged into the tv.

This was noticed when I bought the Samsung evolution kit (£240 from a different retailer) to upgrade my tv.

I plugged the kit into the tv and nothing happened.

I assumed I'd bought a broken evolution kit and returned it to the retailer the next day.

I've since bought another and that one had the same issue.

I tested it on a friends tv and it worked fine on his.

 

I phoned my tv retailer and a repair man was sent to have a look at it.

 

As stated earlier, the TV has several faults which the repair guy confirmed.

The TV retailer immediately offered to replace the TV and this is where things start to get complicated!

 

They no longer stock my model so offered me a replacement of the newer F series which is £100 cheaper than my tv, and they'll refund the difference.

 

I've declined as the newer series version that they're offering is a lower spec than the one I have.

I've asked them to replace with the F8000 but they've refused as its £700 more expensive than the one I bought.

 

I've explained that I can't return the evolution kit as there's nothing wrong with it,

and the evolution kit effectively brings my current tv up to the same spec as the new F8000.

 

If I accept their upgrade version, I'm out of pocket by £240 with a TV of a lower spec.

If I accept a refund, I then have the hassle of trying to replace my current tv which is not going to be easy,

as there'll be a gap between being refunded, and my new tv arriving.

I also work away from home so installing it also becomes an issue.

 

Can I insist that they repair my tv?

Where do I stand legally with regards to the extra costs associated with what I stand to lose in the way of time

and hassle to source and instal a new one, and my family being without a TV until I return home?

 

Your help is appreciated.

 

 

Cheers.

Edited June 3, 2013 by citizenB
formatting

[MaxxPower]

Basically, no.

The choice of repair/replace/refund is up to the retailer, not the purchaser. If they're offering to refund you, then the retailer is fulfilling their legal obligations.

[aqua0]

Having now searched the Internet, to replace my current tv with the same model and 5yr warranty, it's going to cost me an extra £499.

What on earth should I do now?

Seems like I'm stuffed either way I turn.

 

Surely the original retailer of the TV must be liable for the extra costs now involved.

 

Whichever way I go, this is going to end up costing me between £240 and £700.

[raydetinu]

If they take it away to repair then you may be without it for some time!

 

their legal liability is limited to the purchase price, tvs get cheaper all the time.

 

goodwill is sometimes an extra they be willing to offer and upgrade you for a little bit extra.

 

Negotiate something that you will both be happy about.

 

will the kit you bought work with the tv they have offered you? to bring up to the spec you want.

 

Failing the above, get your money back and start again.

[aqua0]

The kit only works with the ES series tv's. the F series already have the 'kit' inbuilt which makes the kit I've bought redundant.

 

I can't return it to the shop as Currys won't accept it as a return as there's nothing wrong with it.

 

To start again from scratch and get the same tv is going to cost me an extra £500 for the warranty I already have for free, and the newer model of my tv is an extra £700.

 

Either way I appear to be stuffed!

 

I wouldn't mind paying the extra but my tv is only 12wks old, hence my frustration!

[aqua0]

Oh, as for the repair, at least they leave a 'loaner' tv whilst mines is in the repair shop.

[MaxxPower]

How much would the same TV cost without this 5 year warranty? In all likelihood you wont need it as the SOGA will likely cover you for everything the warranty claims to cover anyway.

[battlecry]

No the SOGA is not warranty like so many believe it is.

Yes as part of SOGA you have up to 6 years to claim and report that the product did not meet the contract at time of purchase,

whilst this would include lasting a reasonable amount of time (normally this is done from an assessment of a third party engineer who may not want to take on big companies)

 

This is just the max time a case can be allowed into court.

 

Now currys for instance with a TV. Will offer a loan TV, accidental damage, wear and tear damage, 7 day repair, 24/7 technical support line for most in home appliances

and some more features to.

 

The manufacturer warranty on a TV will offer a one year repair warranty only.....no loan, no quick repair, no accident damage, no wear and tear damage and no technical support line.

 

With SOGA you may have to get an appliance repaired to then claim it back from the retailer,

which you may or may or not win and it may not be solved quickly,

plus what you claim back may only be partial to what you paid on repair (will depend on age) .

 

So I advise be careful when you try go down the sales of goods act route as it is separate to a warranty and can prove to be quite complicated and expensive and your not guaranteed to win

[aqua0]

All sorted now.

Thanks for all your help, very much appreciated.

Cheers

[dx100uk]

No the SOGA is not warranty like so many believe it is.

Yes as part of SOGA you have up to 6 years to claim and report that the product did not meet the contract at time of purchase,

whilst this would include lasting a reasonable amount of time (normally this is done from an assessment of a third party engineer who may not want to take on big companies)

 

This is just the max time a case can be allowed into court.

 

Now currys for instance with a TV. Will offer a loan TV, accidental damage, wear and tear damage, 7 day repair, 24/7 technical support line for most in home appliances

and some more features to.

 

The manufacturer warranty on a TV will offer a one year repair warranty only.....no loan, no quick repair, no accident damage, no wear and tear damage and no technical support line.

 

With SOGA you may have to get an appliance repaired to then claim it back from the retailer,

which you may or may or not win and it may not be solved quickly,

plus what you claim back may only be partial to what you paid on repair (will depend on age) .

 

So I advise be careful when you try go down the sales of goods act route as it is separate to a warranty and can prove to be quite complicated and expensive and your not guaranteed to win

 

WRONG on many points.

 

dx

[dx100uk]

All sorted now.

Thanks for all your help, very much appreciated.

Cheers

 

for the sake of people reading this thread

 

can you please name the retailer and the resolution so it can be marked as a success and closed

 

dx