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EnergyDad arrested after protest over Tesco TV
Filed under: Your Rights
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So what went wrong here, and what can you do if you have a complaint that's not taken seriously?
Know your rights
Supermarket Sweep - Tips & Advice
Trouble at Tesco
The confrontation
According to the Swindon Advertiser, Rawlinson had been trying to return a ten month old £599 widescreen television set with a faulty on/off switch. Tesco said they could arrange a repair - but he refused and said he wanted an exchange. He told the newspaper: "Too many people would go quietly and accept it but I believe I have a right of exchange."Staff refused, because it is Tesco policy to offer only an exchange or refund in the first 28 days after the goods are purchased. After that, the item will be sent back to the manufacturer to be repaired - and if it is beyond repair they offer an exchange or refund.
Know your rights
Supermarket Sweep - Tips & Advice
Trouble at Tesco
The local manager called head office during the confrontation, but they advised him to stand by the policy. He did, however, offer an extended warranty on the product and the loan of another television as a gesture of goodwill.
After Rawlinson rejected their offer, he staged a sit-in, which eventually lasted four hours. When police officers arrived to move him on he resisted, and refused to leave, which is when they arrested him. He was cautioned for obstructing an officer in course of their duty, and he was then released.
Your rights
Of course, only the people involved in this incident know the full truth of everything that was said and done. However, from a distance, the problem appears to be one of communication rather than customer rights, because Tesco acted within the law.By law if something breaks immediately after you buy it, you can 'reject it' and get a refund. The definition of 'immediately' depends on the product, but at the very most you only usually have about four weeks to reject goods.
If it breaks after that, the Sale of Goods Act means that the retailer must either repair or replace the goods - they can choose whichever option they prefer - although if they go for a repair they must work hard not to inconvenience you too much. This is what Tesco offered, so they discharged all their responsibilities.
In a similar situation, if a retailer refuses to offer either, you can claim a reduction on the purchase price, or a refund (minus a sum to reflect the use you have had from it). Alternatively you can get someone else to repair it and then claim compensation from the retailer. You will have to go to court to make these claims. You have six years to make a claim in much of the British Isles, but five years in Scotland.
However, this process becomes much more difficult after six months of owning the product. Before then, the retailer has to prove in court that the product was fine when you bought it. After this time, you have to prove it was faulty from the start - and that the fault wasn't caused by you. This will usually require an engineer's report, which is more expensive.
What to do
If you find yourself having to tackle a retailer about a faulty product, you need to start by knowing your rights. Then you need to approach the retailer, explaining what you know you are entitled to, and being clear about what you expect. At this stage it's vital to stay calm and communicate and listen carefully.If the retailer refuses, you need to escalate this to customer services at the retailer's head office, again being clear about your position and concisely tell them what you expect.
In by far the majority of cases, these two steps will solve your problems. If not, then you need to consider some sort of court action. This will usually only be through the small claims court, which is designed to be simple enough for us to use without a lawyer. However, you will need to weigh up the costs and inconvenience of court before going ahead.
Clearly the whole process - from the goods breaking to the retailer refusing, and individuals disagreeing - can be horribly frustrating. However, we have to keep our heads. It's the only way to ensure we end up being taken seriously - rather than being taken down to the police station.
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