Hobbsy

Really need some expert advice bought a tv recently that I had viewed over the companys website and in a magazine. I phoned to order and tried to express the cheque but they said this was not possible, I decided to go to the shop and hand over the cheque for fowarding onto the mail order people thus saving postal delays. The retail store did not stock the item and I entered into no conversation about the TV with the salesman but did during the visit purchase a video machine for cash that was stocked in the store. On receiving the TV it was immediately apparent that it did not meet my requirements and suffering digital artifacts when the pixel enhancement mode is switched on (the main selling feature of the TV). I tried returning the goods to the shop under the distance selling regulations only to be told that I am not covered as I had visted the store and apparently dicussed at length with the sales person about the TV. I did not have any discussion about the TV and even if I had it should have been pointed out the if the pixel enhancement is active objects moving on the screen will produce unacceptable dragging on the screen. Can someone please help with how I stand on this, I notified the company by email 4 working days after receiving the goods my intentions of returning the goods. Trading standards have called the company in question and the girl who was dealing with it said she had never spoken to someone so rude and horrible on the phone, this was the customer services manager.

Thanks in anticipation

IWatkins

If you bought from mail order regardless of whether they have a high street presence you have 7 days to return a product for full refund for *any reason*. This is stated under the distance selling laws.

So, you should give the mail order people a call and tell them you will not accept the product and under the distance selling laws you wish to return the product for a full refund.

It doesn't even matter if you had a discussion about the TV, it doesn't even matter if you knew if wouldn't meet your requirements, you still have the right to return it.

This is as far as I understand it as I went through the same thing for a fridge/freezer I bought mail order. Had to get the CAB involved but they pointed out the relevant laws to me. I pointed these out the the company involved and all was resolved very quickly.

Good luck.

Cheers

Ian

Hobbsy

Thanks Ian, they are being very slippery due to the fact that I visted the shop in person to give them the cheque, distance selling quotes that if there is no face to face contact between the consumer and the supplier then distance regs apply. Although I feel that the spirit of the law is that if you haven't seen the goods you should be covered, another quote from distance selling is "the aim of the cooling off period is to give consumers an opportunity to examine the goods or services being offered, as they would have when buying in a shop". Any other help please, getting desperate £1700 pounds down the drain!

chiark

Citizen's advice bureau...

IWatkins

Hobbsy,

As advised, have a word with CAB.

In my case it was with a certain high street/retail park name shop. I actually went into the store to have a look at the fridge/freezer in question, but they didn't have one in stock. I did talk to a staff member who looked up the vitals stats of the item I was after. They did say they could order it for me, but I decided I wanted to check other prices online first.

I ordered from this company anyway, just did it through their website. Item arrived and wasn't what we required so called to say we were sending it back. They got all funny about it so I called in the CAB and we sorted it from there.

I would say in your case you bought the TV unseen from their mail order arm of the business even though you took the payment into the shop. I would suggest that the distance selling rules still applies.

Anyway, talk to the CAB, they are always very helpful.

Cheers

Ian

Hobbsy

Ok CAB have advised that they feel I am ok. But the reatiler is being major a##hole. My local trading standards have called them and they reckon that the retailer is standing firm, this looks like it is going all the way to small claims, any solicitors out there who can advise if I have a valid case under the distance selling regs? I am sure I will be ok under sales of goods as the TV is not of satisfactory quality taking into account the price paid etc.