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Miss Chicken July 20 2013 05:42 AM

My son bought a new TV
That was delivered yesterday.

When he signed for it he didn't realise there was a small hole in the box

Photo of box

there is no noticeable damage to the TV. The screen looked undamaged. However when we turned it on this is what we saw

I phoned up the company is was bought from and they said that it was sent directly from the distributor and that she would notify them and e-mail me back. That was late yesterday (Friday) so I probably won't hear from her until next week.

I want to be able to argue a case so that I can get a refund or a replacement.

I think that this is down to bad packaging. There was styrofoam on each corner of the TV but only a very thin piece of plastic over the screen. It is possible that the box was punctured by a corner of another box and it wasn't hard enough to fracture the outside screen but damaged the internal screen. Does anyone know if this is possible.

Also, if the company isn't helpful, can I take an "Item not as describe" action seeing it was paid for by Paypal?

Can we be held responsible because we opened the box?

Avon July 20 2013 08:43 AM

Re: My son bought a new TV
i think you should get the money back. you sign for stuff to confirm you've recieved it, not to say you're happy with the contents without being able to know whats actually check inside.

(just common sense reasoning on my part, so someone with actual knowledge of selling laws may tell you otherwise)

FPAlpha July 20 2013 08:56 AM

Re: My son bought a new TV
I work in logistics and i have to say you may have a bad case here because you signed off on the delivery.

That declared you received the goods in good condition so the burden of proof is on your side to show it happened during transport. The picture of the unopened box with the hole might help in this case.

Since you claimed this case immediately you at least didn't miss any deadline, that's good.

In my experience companies usually don't make a big deal and replace items because they know that these things happen (you wouldn't believe how rough sometimes goods are handled in warehouses, even delicate things like electronics) and they want to avoid a bad rep (replacing it costs them a fraction of what you paid for it and they will most likely claim this to their distributor/forwarder and hand it over to the insurance company).

Good luck.. the fact that the lady didn't immediately block your request is a good sign but don't get your hopes up yet.

Miss Chicken July 20 2013 09:04 AM

Re: My son bought a new TV
Unfortunately my son signed for the delivery and opened the box before I took the picture.

Can I use the fact that it was poorly package i.e. no real protetion for the screen. I think that Australia Post says that a package should be able to stand up to a box weighing 20kg dropped onto it.

FPAlpha July 20 2013 09:17 AM

Re: My son bought a new TV
I don't know about australian laws and regulations but it all comes down to him signing for the delivery.

As i said most companies replace unusable items out of good will because in the end they stand to lose more with an unsatisfied customer (who'll likely talk to his friends, family and since about a few years ago to the whole world via online forums) and that may result in more damage than the few bucks they need to spend to replace the item.

Just wait until they get back to you.

Retu July 20 2013 09:23 AM

Re: My son bought a new TV
In Finland the consumer protection law guarantees the right to return the goods to the seller and full compensation of the sale price (including delivery costs) to the buyer during a period of 14 days after the buyer has recieved the goods. No questions asked. I suggest you check your local legislation, if there are any similar consumer laws.

MacLeod July 20 2013 01:31 PM

Re: My son bought a new TV
Well in the UK, it would fall under the Distance Selling Regulations, the goods are quite clearly faulty and would have to be replaced. You are signing to say you've recieved your goods, not that they are in good condition. Just because the box has a small hole in it doesn't mean the goods won't work as described.

But it all depends on the local regulations and laws.

Retu July 23 2013 10:41 AM

Re: My son bought a new TV
Related to the topic: I bought a TV table from the local furniture store. When I opened the package I noticed that one of the pieces was damaged. A 10 cm long piece was missing from the corner of one of the longer boards. No exterior damage in the package, but there was some damage in the styrofoam packing.

The shop accepted the responsibility and has promised to find out replacement parts for the table. No hassle and no trouble. :)

Shazam! July 23 2013 10:52 AM

Re: My son bought a new TV
Hole in the box or not, the TV doesn't work so at the very least you're entitled to a replacement, surely.

Miss Chicken July 23 2013 11:01 AM

Re: My son bought a new TV
I haven't heard back from the woman, nor the distributors, so I will contact the vendor again tomorrow.

Mooch July 23 2013 10:02 PM

Re: My son bought a new TV
It's tough to know what to do in a situation like that, cause you don't want to refuse delivery if you don't know that it's damaged, but the delivery guy isn't going to want to wait around while you test it. I doubt most reputable vendors would have an issue replacing it, though.

iguana_tonante July 23 2013 10:17 PM

Re: My son bought a new TV
Once I got an entire bookshelf replaced because one of the doors was faulty. I would have been happy with just a new door, but they insisted on replacing the whole thing. They were very nice and helpful.

BillJ July 23 2013 10:27 PM

Re: My son bought a new TV
If they try to resist replacing the TV, scream as loud as you can to whoever will listen.

By-the-by: is the set covered under the card your son bought it on by any chance?

RJDiogenes July 23 2013 10:40 PM

Re: My son bought a new TV
I'd be surprised if there was any problem replacing it, unless the company is really fly by night. Signing for a delivery just confirms receipt, it means nothing in terms of the condition of the contents.

Miss Chicken July 24 2013 01:13 AM

Re: My son bought a new TV
I am currently trying to discuss it with them through their live chat but it doesn't seem to be all that live.

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