New Samsung TV - Failed Pixel On Delivery

[Chubbs]

Setting up daughters LED TV and there's a failed pixel.

It's a bedroom TV so only 22" and a bright green pixel stands out.

It's from John Lewis online, I think under distance selling It's an easy return if I hadn't opened it but clearly I did to test the TV.

Should I be able to exchange the TV hassle free?

Read elsewhere that going into store nobbles your distance selling rights?

[Bald Bouncer]

Read elsewhere that going into store nobbles your distance selling rights?

It would not be a return under the distance selling as it has a fault, the distant selling regulation was designed for people who changed their minds about the purchase and returned unused not a try before you buy regulation or for faulty goods, you should be able to get a replacement or refund but under no circumstances accept a repair you lose a lot of your statutory rights if you do.

[liveseytowers]

Just ring them up as its doa and they should just exchange it. My phone Had one and three exchanged it after a couple of days no worries.

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[stimpy]

John Lewis have some of the best customer service I have ever experienced. They should exchange it without question.

[Chubbs]

Cheers then, I get on the phone shortly

[WRATH OF BOD]

i dont think its covered under warranty unles it has more than 7 dead pixals.
this is the case with any screen from laptops to monitors & tv from any manufacturer
it was 10% or more a few yoers back before it was covered.
this is from the samsung t&c
Dead Pixel Limited Warranty Statement
you could try & just flick it with fingernail, i have done it & it worked..

TFT-LCD/LED/PDP & Monitors

The dead pixel warranty applies when your TFT-LCD/LED/PDP & Monitors contains more than 7 dead pixels within the standard warranty period of your TFT-LCD Monitor which SAMSUNG will exchange the LCD panel/module, provided that the defective unit is returned to SAMSUNG complete with full accessories and original packaging.
Zero Bright Defect (ZBD) only applies when it occurs within 7 working days from purchased date, regardless of dot quantity, the defective LCD panel/module shall be replace by SAMSUNG.
Bright Dot Defect occurs when pixels are always lit or "ON". Black Dot Defect occurs when pixels are always dark or "OFF".

[Mr.James]

Sale of goods act is a 'try before you buy' type deal so you're well within your rights to return it within 7 days after using it.

The reason the SOGA exists is because when you buy something in a shop, you get to try it out before you buy it. So in the case of your TV you can see the picture quality, check that the remote isn't too laggy, the menus are intuitive and simple etc. You know it's what you want BEFORE you buy it because you've seen/tested it first.

When something is delivered you don't get any of that. This is why you get 7 days to send it back. It give you time to try it out to make sure it conforms to your expectations.

Personally I wouldn't tell them about the dead pixel because it becomes a fault and they don't have to accept it back under SOGA. Just return it, get you money back and buy elsewhere. They don't have to swap it out as a faulty unless it has a certain percentage of dead pixels. 1 certainly isn't enough.

[Bald Bouncer]

Sale of goods act is a 'try before you buy' type deal so you're well within your rights to return it within 7 days after using it.

The reason the SOGA exists is because when you buy something in a shop, you get to try it out before you buy it. So in the case of your TV you can see the picture quality, check that the remote isn't too laggy, the menus are intuitive and simple etc. You know it's what you want BEFORE you buy it because you've seen/tested it first.

You are wrong, most retailers have policies which stipulate that they will accept non-faulty returns, as long as items are unused and in perfect condition with their undamaged original packaging they do not have a legal obligation to do so, you have the right under the distant selling regulations to return goods within 7 days of delivery but again if the items have been used they may refuse.

[Chubbs]

Just an update, JL were 100% fine, just a shame the collect and return isn't going to be on the same day.

Thanks for all the advice.

[Mr.James]

You are wrong, most retailers have policies which stipulate that they will accept non-faulty returns, as long as items are unused and in perfect condition with their undamaged original packaging they do not have a legal obligation to do so, you have the right under the distant selling regulations to return goods within 7 days of delivery but again if the items have been used they may refuse.

You're wrong. The only exceptions to the SOGA distance selling regs for opened products is CD/DVD/software etc.

A company cannot refuse any other product if it's been opened as it's your right to inspect the goods before you make your mind up.

It's also worth noting that the distance selling regs don't apply if you have inspected the item in-store and then gone home and purchased it of the retailer's website.


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[liveseytowers]

Don't suppose you've got any links that confirms that's true? When I bought my HTC One from Three online they said you can return it used but as soon as you put a sim in the phone then it's used and can't be returned unless faulty.

Sent from my HTC One using Tapatalk

[Bald Bouncer]

You are wrong but please prove me wrong and point out the parts that say it's a try before you buy and do try not to confuse the Sale Of Goods Act on face to face purchases and Distance Selling Regulations, it was never the intention of the Distance Selling Regulations to introduce a try before you buy regulation and on face to face transactions you have no legal right to request a refund unless it is faulty or not fit for purpose.

[Fear345]

You're wrong. The only exceptions to the SOGA distance selling regs for opened products is CD/DVD/software etc.

A company cannot refuse any other product if it's been opened as it's your right to inspect the goods before you make your mind up.

It's also worth noting that the distance selling regs don't apply if you have inspected the item in-store and then gone home and purchased it of the retailer's website.


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Without even reading the post fully, if you think you have caught bb out in an shape in anything to do with anything unless its looking like a long horse your wrong
and yeah im pisssed as a cunt

[BigBird]

The DSR Regulations state that consumers have the right to what is commonly referred to as a 7 day cooling-off period. During this time the consumer is entitled to examine the goods as they might do in a shop. The main exceptions are:

CD's, DVD's or software where the seal has been broken.
Rapidly perishable goods like food or flowers.
Tailor made or personalised items.
Underwear and earrings.

The goods must be in such condition that they can be repacked and sold on. Once you insert a sim card into a mobile or do a channel search and store on a TV then the goods have been programmed with your information so can not be repacked and sold on. If however after you start using it you find that the goods do not meet the advertised criteria then you can still return it as mis-sold which is seen as a breach of contract.

Worth noting that from the 13th June the seven day cooling off period is extended to 14 days as part of the 'Consumer Contracts regulations' which replaces the current 'Distance Selling Regulations'. Goods bought 'away from the traders premises', for example at your home or place of work, are also covered in the same way as goods bought online. So a trader visiting your place of work, maybe selling tools from a van, is bound by these regulations even though you have bought the goods face-to-face.

Faulty goods come under the sale of goods act, not the distant selling regulations, and are treated in the same whether they were bought in a shop or online. (">

[blaggard]

You're wrong. The only exceptions to the SOGA distance selling regs for opened products is CD/DVD/software etc.

A company cannot refuse any other product if it's been opened as it's your right to inspect the goods before you make your mind up.

It's also worth noting that the distance selling regs don't apply if you have inspected the item in-store and then gone home and purchased it of the retailer's website.


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How could that possibly be true??

[BigBird]

It's also worth noting that the distance selling regs don't apply if you have inspected the item in-store and then gone home and purchased it of the retailer's website.

They wouldn't know unless they were a small independent retailer and you gave your name and address. Even so the DSR would still stand. I an unaware of any clause that states that if you have inspected the goods in store then you are not covered by the DSR if later bought online. (">

[Mr.James]

As per BigBird's post you are entitled to try out the goods like you would in a shop. In effect that is try before you buy. You get to unbox it and play with it for half hour or so... You don't have to return it unopened.

The distance selling regs state that even if goods are returned damaged the seller can't necessarily refuse a refund unless the seller can prove the buyer didn't adhere to their duty of care...


Check return of goods after cancellation:
http://www.out-law.com/page-430#Right



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[Mr.James]

Don't suppose you've got any links that confirms that's true? When I bought my HTC One from Three online they said you can return it used but as soon as you put a sim in the phone then it's used and can't be returned unless faulty.

Sent from my HTC One using Tapatalk

Could be a bit awkward. If your sim was a contract sim you got with the the phone you can only cancel the contract prior to the services starting. If you've put the sim in then the contact has begun.

If you bough it sim free then you could argue it was part of your inspection of the goods. Problem is you wouldn't necessarily get to test a phone in a shop with a sim in it so they could argue that the action of putting a sim in is your agreement that the goods are of an acceptable standard.


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[Bald Bouncer]

As per BigBird's post you are entitled to try out the goods like you would in a shop. In effect that is try before you buy. You get to unbox it and play with it for half hour or so... You don't have to return it unopened.

The distance selling regs state that even if goods are returned damaged the seller can't necessarily refuse a refund unless the seller can prove the buyer didn't adhere to their duty of care...


Check return of goods after cancellation:
http://www.out-law.com/page-430#Right

It is not a 'Try before you buy' you have already purchased it, you seem to be confusing what the intention of the regulation is with what you can get away with these are two totally different things.

[Mr.James]

You are wrong but please prove me wrong and point out the parts that say it's a try before you buy and do try not to confuse the Sale Of Goods Act on face to face purchases and Distance Selling Regulations, it was never the intention of the Distance Selling Regulations to introduce a try before you buy regulation and on face to face transactions you have no legal right to request a refund unless it is faulty or not fit for purpose.

Here you go. Check last paragraph in the 'getting a refund' section. The seller cannot expect the packaging to be unopened because the buyer has the right to inspect it.

http://www.lawontheweb.co.uk/consume...ng_regulations


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