KAS35RSTI

iTrader: (73)

Ok now.. so some may find this confusing or awkward but my mate noticed something recently regarding my TV.

He disputed against my TV being a 42" Plasma and mentioned it was a 40" LCD screen. After arguing etc we ended up measuring the TV & it measured in at 40". Then i went to the extra fuss of looking up the model number it had behind the TV on the net, it came up as a 40" LCD screen.

Luckily for me i still had the reciept from Sainsbury's & I checked to see what they charged me for & it turned out to be i was charged for a 42" plasma which i wanted in the first place!

I purchased the TV this time last year. So ye i did not realise that i was given the wrong TV & it was only noticed by my mate after one whole year

I thought maybe this mistake will be rectified by the branch i bought it from so i decided to call them up & explain the situation. I was told they cant do nothing about it as its been a year, let alone an apology. Apparently i sould have realised the 2" difference & picture quality in 28 days in order for them to do anything.. Great! So they make a mistake & expect me to realise it in 28 days like I am some TV guru!

So what would be the best thing to do in this situation?

Any help appreciated

Kas

TopBanana

Threaten to take them to court.

robin112

iTrader: (2)

Call their head office not the branch

Midlife......

iTrader: (2)

Tricky one........

In one corner you have the contract of sale, that is Sainsbury made an offer to treat / chaffer for a 42" Plasma TV, you made the consideration (you paid) and you should have got a 42" Plasma TV. If they supplied anything else they are in breach of contract, res ipsa loquitor, and they should sort it out.

In their corner they would contest in that that they supplied you with the correct TV and you are alleging breach of contract because you have "swapped" the TV they supplied for a lesser model.

Civil cases are decided on the balance of probalility..........

Unless you are telling porkies then on the balance of probability they supplied the wrong TV........so contacting local Trading Standards / CAB is the first port of call if they won't play ball

Shaun

David Lock

Head Office job, in writing. They supplied and charged you for a TV they didn't supply. dl

Jamz3k

I wouldn't waste my time and just enjoy your 40' LCD assuming its from the same brand as the Plasma you were buying and considering what TV's I've known Sainsburys to sell, I'd say you most likely were given a better spec'd TV.

You can hardly blame them for giving you the wrong TV if you didn't even bother to check it was the right one yourself. Plus with the added fact that its a year later, I'd personally just take it as a lesson learning exercise that shop staff are generally underpaid idiots and to always check what your given is what you paid for.

Lisawrx

iTrader: (1)

Did you not notice the description on the box didn't match what you purchased? Or was the box correct and the item inside didn't match?

I work in retail and I don't even know how this would (or should) be treated. I think the advice above about contacting CAB/Trading Standards is probably the best course of action.

BOB.T

Man up! You didn't notice for a year ffs and only then cos some one pointed it out to you!

KAS35RSTI

iTrader: (73)

I was awaiting these replies with great enthusiasm.

I would not blame them for suspecting a little scam however I am sure they must keep logs. For example they must know how many 42" plasma's they had in stock right, so if they only had 10 that all sold out how could they have sold me the 11th one? Or vice versa they must be one 40" lcd down as it was not logged on there system. You get me?

Evening Lisa,

Funny enough it came in a 42" box lol, however the TV inside was wrong. Further more my sister bought the same TV and after comparing the two closely the base is different, remote and lastly her screen is glass.

markjmd

iTrader: (11)

Simple answer to a simple problem, take a man with you shopping next time




Sorry, couldn't resist

In all seriousness though, there isn't much defence for them to get something like this wrong, even if the TV they'd have to take back now is a year old, so at the very least they should be offering you a nice wad of vouchers by way of a good-will gesture. On the other hand, as others have pointed out, it's possible the 40" LCD was actually a higher spec than the 42" plasma, even if it's not the one you originally wanted.

Lisawrx

iTrader: (1)

Hiya, where you say about logs, you would think that was the case, but just going by where I work that is a massive misconception, or rather in principle it should work that way but often doesn't.

For one reason or another where I work, our stockfile is wrong more than it is right, mainly due to missing or incorrect deliveries, so depending upon Sainsburys accuracy, this may be a difficult route to go down. Plus the added complication in this case is the fact that it sounds as if the product was just packaged incorrectly, so their sales records would not flag up anything anyway. This would possibly be more a case of dispute with the manufacturer than the store.

If you have been sold an item in a given box that had a different item inside, unless the box was tampered with, how would Sainsburys know you had the incorrect item? It's not like retailers check the inside product.

I really think you need to talk to someone more experienced in this field than us (unless there is someone from CAB/TS on the board).

Lisawrx

iTrader: (1)

No offence to Aladdin, but as I have just picked up on, how is it the fault of Sainsburys if he recieved the correct box, just the item inside was incorrect? Unless it was own brand product (which I somehow don't think it was) surely the problem is with the supplier????

It's a much smaller issue, but just recently my other half purchased some bulbs from a much respected retailer. They turned out to be wrong (the offset was incorrect on the item compared to the packaging). He realised, and went back to said guy, who thankfully had more stock that had been incorrectly packaged. It got sorted out, but no blame from our side was ever placed on the retailer as the packaging was marked up as the desired product. Unless it was brought to his attention (which obviously it was), he couldn't have really known and to my mind was certainly not selling anything under false pretenses.

KAS35RSTI

iTrader: (73)

Ok i think cutting a long story short is not a good idea!

On the day of purchase all the 42" plasma's were out of stock other than the one on display which was offered to me. I agree'd to buy it if the condition was good! Then i was told that the TV would be ready for collection in a few hours and how they will call me once its ready. So they did.. I went & completed the transaction as normal.

markjmd

iTrader: (11)

I was just about to post that Lisa made a very good point - I'd jumped to the conclusion the item must have been re-boxed in store, but if it had been supplied factory-sealed then it would absolutely be the fault of the wholesaler or the manufacturer, whichever one of the two it was who packaged it.

Based on this latest info though it looks like the blame lies squarely with Sainsburys.

scouser321

iTrader: (1)

Take it on the chin, you didn't realise at the time.

Get over it enjoy your tv

Ps be more vigilant in future

caaraa

Call their head office not the branch

Camoscooby

iTrader: (5)

Below is what I think you should do:

ChefDude

did you not think to check the model number on the physical tv after spending £00s lol?

look out the window at all your burning boats

i don't think you have any comeback.

gpssti4

iTrader: (6)

If you still have the box it may help with your story.

RobsyUK

iTrader: (2)

Do an insuarnce job.... I didn't say that! but if you have a receipt you get what you origonaly wanted.

Jamo

iTrader: (23)

I think you will have to take it up with the manufacturer as its an issue at their end that created the problem.

I think that sainsburys will always say that they supplied to you what they were contracted to do, as it came in the correct box etc.

Trading standards would be my first port of call

dpb

Well this jus illustrates all the talk regarding quality of picture lcd/plasma/anything else will be well over my head / irrelevant when i *buy new telly

tony de wonderful

Does 2 inches make so much difference?

53

iTrader: (41)

Think of all the money you'll save on a TV licence by registering blind !!!

tony de wonderful

Are you measuring it diagonal or lengthways?

dpb

Never mind the quality, feel the width

stef_2010

iTrader: (3)

So I'm told

To the OP, I used to deal with complaints like this for Tesco at their head office

As said put it in writing and post it away to them, I'd say the least you'll get would be some sort of 'gesture of goodwill' if you're a regular customer

Kieran_Burns

iTrader: (1)

Your contract is with the seller, not the manufacturer. If someone sells you something in a box and the contents of the box are not what they say it is outside, the seller is responsible.

Your argument is with Sainsburys not the manufacturer, you entered a contract to buy a 42" plasma not a 40" LCD - they are at fault and should replace the TV with the one you paid for or equivalent.

Your only issue is the burden of proof - you're going to have to prove that you're daft enough not to notice the difference

ChefDude

OP paid for an additional 70 square inches



http://www.cavecreations.com/tv2.cgi

Jamz3k

Is your receipt actually for a plasma?

Is the TV they boxed up for you the same one you viewed instore?

Are you assuming that the TV was infact 42' and a Plasma because the box said so or because that's what you actually wanted?