I tried to explain that this was in my rights and said the EU law that Bigboss mentioned, was not valid as we hadnt signed up to this law? and it is fit for purpose and it was a tv that work when i bought it. Some one please help me!!!!
I usually try to avoid getting involved in these sort of threads now, as people seem to have strong opinions on things related to consumer rights. But you genuinely seem to need advice and others have also mentioned this recently, so I'll try to help. It will be boring, though
There's a lot of misinformation on the web about the the Sale of Goods Act and the particularly EU Regulations/Directive 1999/44/EC. Unfortunately, the EU directive is not a 'two year guarantee' of the type we're used to. What it actually provides is a minimum level of protection to EU consumers, in the form of certain statutory rights. There is a two-year limitation placed on using these statutory rights, so this is why it has been labelled a 'two year guarantee'.
The UK is actually fully compliant with the EU, our legislation was updated in 2003 when the relevant EU regs were transposed into the SOGA. As such, the SOGA now includes the EU regulations and directives, so the SOGA is the only legislation you need refer to.
The confusion about the UK 'opting-out' comes from the fact that countries only had to adopt EU laws where they didn't already have sufficient consumer protection in place, and as the UK had superior protection in many cases we didn't adopt the EU regs in exactly the same form as you can find them on the EC website. The main example being that we have no reference to a two-year period, as the limitation for taking action in the UK was (and is) up to 6 years, which exceeds the EU minimum. People tend to presume that because we have no references to two years, this must mean we haven't complied with the directive, when in actual fact we offer the same 'guarantee', as well as all the other protection the SOGA offers, for up to 6 years.
People tend to quibble either that we haven't adopted the EU directive or that we do have a '2 year guarantee' so I'll point them in the direction of Bucks County Council's Trading Standards division
http://www.buckscc.gov.uk/bcc/trading_standards/consumer_advice/know-your_rights.page?
Disappointingly, no form of consumer legislation provides you with an automatic replacement or refund of a product after a month. Sorry! The only period where the law will support you in this way is in the initial period of 'acceptance' which is when you are considered to be examining the goods. In this period you can 'reject' the goods, and the contract of sale is considered cancelled, so you get a full refund. There is no time period set in stone for this, but it can be as little as a few days. Many retailers use 28 days as a common-sense time period and this is actually pretty fair. You can of course argue that this is too short a time period, but you'd probably need to take this to a small claims court, or at the very least threaten to! I'd say at 31 days you still have a very fair case to ask for a replacement, but unfortunately I can't point you to any piece of legislation which can back you up as I don't believe there is one
If you have a problem with a product, you can ask for any remedy you wish, but this is where common sense comes into it (as jcshutts mentions). The retailer can offer an alternative remedy if the one you've chosen is disproportionately expensive, so if a repair would cost them £300 but a replacement £700, they can insist on a repair. But it works both ways to an extent, as if the remedy they choose significantly inconveniences you (e.g. if a repair will take considerable time) you can then insist on a replacement.
With regard to the product being 'not fit for purpose', if a repair would return the product to perfect working order then a repair would likely be considered a fair resolution. I'd personally push for a replacement, but with the knowledge that it would be a bonus if I did get one.
The best thing to do would be a quick call to Consumer Advice!