any consumer rights guru's here?, faulty 3 month old lcd tv

[baconbuttyman]

In febuary i bought a sanyo 37" tv from a local north west catalogue returns store (hitchens) in Fleetwood near blackpool, the tv has now developed an intermittent color fault, as a joke i asked the assistant "oh you are not gonna close down in the next few weeks are ya"to which he laughed no sertainly not. Any way, they did. :-0.
any way, the only stores that are open in the small chain are in Morcombe and Barrow, Morcombe is about 45 mins away, they have offered a direct replacement from the morcombe store but originally wanted me to take it back to the store, but its not a workable situation to physically return to a store that is nearly an hour away, they have now offered to send the replacement in a delivery van and collect the faulty tv at the same time, but in my opinion this is still unworkable and its still from a store that is so far away, i paid via credit card for the protection that brings. i have asked for a refund but that an option according to them, am i entitled to a refund as its just under 3 months old. can insist on this or do i have to accept the replacement, i have explained i would rather bring back for a refund and then get a tv from a retailer nearer home ie tesco etc. I have insisted on like for like if they are to replace the tv, spec for spec but this is not what i want, what are my options.

[JohnDotCom]

They are I believe doing all they have to with the offer of the TV being swapped over.
Models sold at these places isn't generally current production.
You may have other rights but don't feel getting your money back is reasonable with their offers.
You should contact trading standards or Internet search for complete legal picture.

[baconbuttyman]

Originally Posted by JohnDotCom

They are I believe doing all they have to with the offer of the TV being swapped over.
Models sold at these places isn't generally current production.
You may have other rights but don't feel getting your money back is reasonable with their offers.
You should contact trading standards or Internet search for complete legal picture.

tbh i think they are treating me fairly, its just the inconvenience in the location of the store and i want preferably a refund

[FROGGY]

Sale of Goods Act - extract

Wherever you bought your goods (a shop, market, catalogue, the internet), and even if they are second-hand they should meet three tests. Are they;

• of satisfactory quality?
• fit for purpose?
• as described?

If a seller breaks any of these conditions then you:

• have the right to ask for your money back
• do not have to accept a replacement; if you do accept a replacement, ask for written agreement that if the replacements are faulty you will still get your money back
• do not have to accept a credit note
• if you agree to a repair and it is unsatisfactory, then it will not stop you claiming your money back.

The seller is liable for up to six years after purchase of the goods.
If you have a valid complaint then it is the seller who has to deal with it, not the manufacturer.

HTH

Mick

[r44712]

Originally Posted by baconbuttyman

They have now offered to send the replacement in a delivery van and collect the faulty TV at the same time, but in my opinion this is still unworkable

I think that's a pretty reasonable offer for them to send someone on a two-hour round trip to replace it.

I this day and age, its laregly irrelevant where things are bought from with the distance selling regulations and all that. I don't see why they should be given a refund purely on the basis that's quite evident, that you don't want it anymore, when they've done everything to try and replace it.

[sikelsh]

Originally Posted by r44712

I think that's a pretty reasonable offer for them to send someone on a two-hour round trip to replace it.

I this day and age, its laregly irrelevant where things are bought from with the distance selling regulations and all that. I don't see why they should be given a refund purely on the basis that's quite evident, that you don't want it anymore, when they've done everything to try and replace it.

I agree, I think you have been fairly treated, there are many times in the past where the small man loses to big corporates, this is not the case here.

[baconbuttyman]

Originally Posted by r44712

I think that's a pretty reasonable offer for them to send someone on a two-hour round trip to replace it.

I this day and age, its laregly irrelevant where things are bought from with the distance selling regulations and all that. I don't see why they should be given a refund purely on the basis that's quite evident, that you don't want it anymore, when they've done everything to try and replace it.

its not that the item isnt wanted anymore, its faulty. so i think you are a bit off with that assumption, its the fact that this company is not equiped with a delivery service, this as stated by the store manager is a "one off", so next time i would have to take it all the way to morcombe if a fault developes, this isnt covered by the distance selling regs as it wasnt bought over the net or phone, it was purchased in a local store which has now closed down. for myself to go to morcombe if a problem arises. its not a case of i simply dont want the item any more. its faulty

[FredSpencer]

It's your choice if you want your money back, not theirs, and rightly so. You have a very good reason for not wanting a replacement so opt for your money back.

[baconbuttyman]

Originally Posted by FredSpencer

It's your choice if you want your money back, not theirs, and rightly so. You have a very good reason for not wanting a replacement so opt for your money back.

question is. am i within my rights to insist on a refund

[Lates]

Imo it appears that they are being fair and reasonable. Unfortunately, they will not even contemplate the "what if it breaks" scenario until such time arises.