Legal disputes

New TV not working? Don't think it's all over!

By Luke Andruszewski
Published: 03:53PM BST 09 Jun 2010


With the World Cup upon us, sales of televisions are reportedly up as the nation prepares to watch the action.

What happens, though, if your new set doesn't work? A big new telly can be costly and it's important to know your consumer rights in case it isn't up to scratch.

Sale of goods

When you purchase goods, the seller must ensure they comply with the requirements of the Sale of Goods Act and other European consumer protection laws.

The goods must be as described, including what has been told to you by the salesperson at a shop. They must also be 'fit for purpose'. Consider talking to a salesperson about what the television is to be used for. Do you need a 'HD ready' television? If that is what you're told you are buying, that's what you should receive. The goods must also be of reasonable quality, free from minor defects, of good appearance, safe and durable.

What if there's a problem?

Where these key requirements are not met or you end up with faulty goods, you can get a refund of the purchase price. You should ensure, however, that you take steps to do so quickly.

Examine the goods as soon as possible after receiving them and don't do anything that might indicate you're satisfied. For example, don't set the TV up and watch a few games and then decided to contact the seller to tell them about a problem.

Although you don't need a receipt, it's reasonable for the seller to expect you to show some sort of proof of purchase.

Also, note that the purchase contract is with the seller, not the manufacturer, so it's the seller who should deal with any issues you have.

Ideally, make purchases over £100 by credit card, which may give you extra rights under the Consumer Credit Act to make a claim for defective or undelivered goods directly against the credit card company.

Repair or replacement

If within six months of you receiving the goods they're not as expected, you can ask to have the seller repair or replace them. Where this happens, it should be at the seller's cost, with no inconvenience or disruption to you.

Repair should also take place within a reasonable time. Where these criteria cannot be met, consider whether asking for your money back is more appropriate.

Although unlikely in the case of TVs, if repair or replacement isn't possible for some reason, you're entitled to request an appropriate reduction of the price you paid to compensate the defect.

Distance selling

For most products, when making a purchase which is not 'face to face', for example by internet, phone or television, the usual rights apply, but there is additional protection. You must be given clear information about the goods or services before you buy, they must be delivered within 30 days unless agreed otherwise and there is a 'cooling off period' of 7 days where you can cancel the contract for any reason.

What if there is no 'fault'?

Except for the cooling off period, bear in mind that no matter how you purchase the goods, if you simply change you mind after purchase for whatever reason but there is nothing 'wrong' with them, you don't strictly have any rights to demand your money back. Many retailers will have generous returns policies, however, so in these circumstances it might still be worth speaking to the seller and seeing how they can help.

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