shoppers rights online

[johnny37]

I bought a Toshiba LCD tv online and it is not performing to the standard I woud expect. Picture is fine but the sound quality is quite poor. Seller sent me a replacement. Replacement turned out to be the same. Returned it again to the seller (a major online retailer) and they say it is working as designed. In frustration I reported it under warranty. Toshiba's agent says although it is not as good as it could be, in his opinion he cannot say it is not working as designed and is probably due to the quality of the components used in this 'low end product'. Both complaints were made to the seller within 28 days. Sellers policy is a no quibble refund if unused. Obviously the tv has been used as you have to set it up to test it. I am awaiting a response from them on that point. Should they have offered me a refund even though it has been used?

I thought I was safe going for a name brand but before I take this further I would like to know where I stand legally.

Thanks

[Ethel]

Is the sound quality the same on digital tv, freeview tv, satellite (if you have it) and when you play dvds or videos?

[johnny37]

DVD is the same. Toshiba's engineer confirmed it is not the signal.

[Ethel]

It doesn't make any difference how you bought your tv - online or instore - the Sale of Goods Act applies.

The Act states must be three things:
As described
Fit for the purpose
Satisfactory quality

Unless it is advertised as having 'excellent' or 'superb' (or similar) sound then it is as described - you have the set you ordered. If you bought it because it was so described, you are entitled to reject it for a full refund.

Is it fit for the purpose? If you can watch it and hear it then, yes, it is.

Now, satisfactory quality is a grey area. The courts take in to account things like the price paid. If this is a low spec, cheaper model then you cannot realistically expect it to have top end sound. However, if the sound is so poor you cannot enjoy the use of it, then clearly it is not of satisfactory quality.

Look up the reviews online for that model tv - is there any mention of poor sound reproduction? If there is, you can use that to prove the television is below the standard expected.

In the first instance right to the company you bought it from and tell them the set is not of satisfactory quality because of the poor sound reproduction, you believe this to be an inherent fault and you want a full refund.
Keep a copy of all correspondence and send it by recorded delivery.

If you do not get satisfaction from your first letter, sent a Notice of Intent, stating you will pursue it through the County Court using the Small Claims' Procedure if they refuse a refund.

If you have to, you can start the proceedings online. It is inexpensive and relatively easy. Be prepared to pay an independent expert to provide evidence that the television is below the standard one would reasonably expect.

[buildersmate]

You don't say what model it is. Every decent manufacturer produces a range of products - Sony produce about 6 with different alpha characters in the model name - for example X, W, P, S and more. Panasonics surely does something similar.

[johnny37]

Thanks Ethel and BM. I thought that by going for a name brand there would not be any problems, even though it is not their latest state of the art model. When it first came out it was the latest but has since been superseded so that it is now 'low end' and cheaper. I think describing it as low end is a bit of an illusion. �440 is not cheap. I cannot believe this is right for a name brand.

I have contacted the retailer and am waiting for their response. If no joy I will be either contact Trading Standards or Toshiba.

What I really need to know is where I stand on the 'unused' issue. I have been told by two people including the Toshiba engineer that consumer protection laws do not require the product to be unused as you have to set it up to test it. As such am I entitled to a refund regardless.

I take it from your responses above that this is not the case and the only protection I have is that it its not fit for purpose.

At the end of the day I think I might have to bite the bullet and be more careful in future.

Incidentally I went to Curry's yesterday. It is impossible to test any tv for sound because of all the background noise in the shop.

[Ethel]

The unused issue is nothing to do with it - I think you are confusing the Distance Selling Regs (where goods are bought online, by mail or phone) with the Sale of Goods Act.

The DSR gives the buyer the right to return any item for any reason whatsoever within 7 days of receipt as long as it is in the original unused condition.

The Sale of Goods Act gives you the right to reject an item as already outlined - you have 6 years to bring an action in court. In the first 6 months the fault is assumed to be 'inherent' and you are entitled to a refund, repair or replacement.
It is up to seller to prove the fault is not inherent.

After 6 months, it is the buyer who needs to prove the fault is inherent and not due to misuse or owner damage.

Do not involve Toshiba - your contract is with the shop who sold it and it is them who has to rectify the problem. Their is no contractual relationship between you and Toshiba.

[johnny37]

I found a review site. Out of 34 reviews there were 5 criticising the sound quality (including mine). The rest were good. If 15% of sets are affected Toshiba must know about it! If the retailer does not play ball I am going to use that angle with them.

Thanks for your input.