Distance Selling Regulations & Dixons

[pejwhome]

Just recently bought a Panasonic LED TV from Dixons online. Immediately noticed backlight bleed in the bottom left corner (probably similar to WHF's review TV). Dixons now have a system whereby the customer contacts them online rather than ringing up so, I sent them a message on 30th March (within the first 7 days of purchase) advising that I wished to return the TV.

Got an email back on the 31st saying "we've received your message and we'll get back to you as soon as we can."

No further contact from them so I rang them up today. Told that I couldn't just return the TV even though I had contacted them within 7 days of purchase. I quoted the Distance Selling Regulations to them but was told that their terms and conditions, which I had agreed to online, stipulated that, if the goods had been used, I could not return the TV within 7 days under the DSR. What they offered instead was to send someone out to look at the fault.

Now I've had a quick look at the DSR's and can't see anything which allows Dixons to put something in their contracts as above. Infact there is a section of the Regs that specifically says your not allowed to "contract out."

The Supervisor that I spoke to at Dixons was adamant that their legal people have confirmed they are right and that they've been challenged on this before.

I will be contacting Trading Standards tomorrow to get their advice but find Dixons "customer service" disgraceful.

 

[sonycentre]

That can be the downside of buying online,can be fustrating for the consumer.That's why i never would buy large item's online.Always best if you can buy from a good retailer.you may pay a little more but you can be happy in the fact that you can go back to the store and get it sorted.

 

[Sizzers]

Don't see the problem as the goods are faulty: they HAVE to refund or replace, or am I missing something?

 

[professorhat]

Don't see the problem as the goods are faulty: they HAVE to refund or replace, or am I missing something?

Backlight bleed is not deemed as a fault on LCD TVs, just part of the technology. The normal advice is to turn down the backlight setting - fine for dark rooms, but not so good for normal viewing. It also doesn't necessarily eliminate the problem.

A decent retailer will normally value a customer's satisfaction higher than the level required through law though and replace it. Unfortunately for the OP, I wouldn't classify Dixons Online as "a decent retailer". However, it would be nice to be proved wrong...

 

[hammill]

Although I wish the op well, I would have thought people would have learnt not to deal with Dixons after their years of bad press. It is like people buying their kitchens from Moben - why would you?

 

[bigboss]

If you have the proof that you indeed contacted Dixons within 7 days of purchase, then you are eligible to return the item, regardless of whether its faulty or not.

If you get no joy from Dixons, contact Consumer Direct for further advice.

 

[bigboss]

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Can I insist that consumers who cancel an order within the

cancellation period return the goods as new or in their

original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods

while in their possession as discussed in paragraph 3.44. The DSRs

allow consumers to examine goods they have ordered as they would

in a shop. If that requires opening the packaging and trying out the

goods then they have not breached their duty to take reasonable

care of the goods. In these circumstances you cannot insist that

consumers return the goods as new or in their original packaging.

You may ask consumers to return goods with the original packaging,

but you cannot insist on this. In the case of goods such as earrings

that have hygiene seals, you may require consumers to exercise

reasonable care by not removing the seals when examining them.

 

[Sizzers]

Don't see the problem as the goods are faulty: they HAVE to refund or replace, or am I missing something?

Backlight bleed is not deemed as a fault on LCD TVs, just part of the technology. The normal advice is to turn down the backlight setting - fine for dark rooms, but not so good for normal viewing. It also doesn't necessarily eliminate the problem.

A decent retailer will normally value a customer's satisfaction higher than the level required through law though and replace it. Unfortunately for the OP, I wouldn't classify Dixons Online as "a decent retailer". However, it would be nice to be proved wrong...

Good job my Sony didn't bleed then as I bought it from Currys! *phew*

 

[strapped for cash]

As BB points out, what Dixons are claiming isn't legal, as far as I can determine.

The logic and ethics behind the distance selling regs are that the customer will not have seen the goods prior to purchase, and of course the customer can't inspect the goods without unpacking them.

Dixons - and some other online retailers - seem to adopt a policy of initial refusal, which I'm sure leads a proportion of customers to think "I'll leave it then."

I'd stick to your guns on this one. My auntie is a professional at returning goods and complaining, and she always seems to get what she wants. She's like Anne Robinson after a dozen energy drinks. Her policy is: make enough of a fuss and eventually they'll cave in, just to make you go away.

This approach requires a healthy dose of confidence and sometimes a complete lack of shame (and it's inevitably more difficult to complain from a distance), but it does work the majority of the time.

Good luck.

 

[bigboss]

Write to Dixons. Here's the template.

 

[bob.g]

OP - I've used this template (with another retailer) and was satisfied with the outcome.

 

[pejwhome]

Thanks for the replies everyone and sorry for the belated response, just been extremely busy with work.

Dixons have continued to refuse me the option of simply returning the TV and getting a refund but have instead offered to replace the TV without an engineer inspecting the faulty one. They are collecting the faulty TV and delivering the new one tomorrow.

As the TV was for my son's room and obviously my son having seen it, it was probably going to create a problem if I'd returned it and not got something else for him. My ongoing worry though is, if the replacement is the same, what sort of hassle I'm going to have with Dixons. The TV is the Panasonic TX-L32D28B (which doesn't have an adjustable backlight) and I've noted that WHF's review of the 37D25, which is essentially the same TV but 37" also had the same problem with backlight bleed in the bottom left corner.

Hopefully the replacement tomorrow will be fine, but the lesson learnt is never to buy from Dixons again.

 

[Cofnchtr]

Hi,

I'd have told them to stuff the replacement - they are clearly in breach of legal obligations. By accepting another TV you're allowing them to get away with it.

There are other retailers - those that stick to the rules.

Just MHO of course.

Cheers,

Cofnchtr.