Tesco outlet eBay purchase - Damaged TV Screen

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Darren Bullough

New Member
Apr 12, 2017
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I recently purchased a 49" 4K Sharp Smart TV from Tesco via their eBay outlet store, it was bought as a birthday gift, this was mid February but was only gifted and opened in March, around a month after it being delivered. I purchased early as I'd found a good deal and didn't want to miss it. When it was delivered it was stored safely in the house until mid March when the box was opened for the first time. It was only then that I saw the tv screen was badly cracked and damaged. The sale didn't include the remote, therefore I had to hunt around and managed to source a company that deals in one-off specific remotes for particular TV's, it was a factory original that's supplied with the tv's and cost me more because of this (not being a universal one). I emailed Tesco outlet store via eBay notifying them of the damage and asked for a replacement, they've refused saying any damages have to be reported within the first 48 hours of receiving it. This means I've lost out on the tv itself because it's damaged and wasn't reported within the first 48 hours and also the remote as I'd bought a specific one, are Tesco correct in saying they won't do anything about this, am I not entitled to a replacement?
 
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IanS

New Member
Jan 5, 2013
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This is a problem when the item hasn't been unpacked and inspected for some time. If it had been an internal electronic fault, you would have had no problem with the seller. If you have no evidence that the crack was caused during delivery, it will be very difficult to get recompense or repair. Don't give up though, you may still get a resolution.
IanS
 
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Skive

New Member
Sep 27, 2015
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This is something covered by the Consumer Rights Act 2015

Satisfactory quality: It shouldn't be damaged or faulty when you receive it.
Fit for purpose: You should be able to use it for what the seller says it will do (its purpose), whether that's their statement when you buy it, or an answer to your question. For instance, an audio track should play, and a game shouldn't infect your computer with a virus.

As described: It should match its description when you bought it. For example, a film should be in the format you chose when you bought it.

If a service isn't provided 'with reasonable care and skill' or 'as agreed', the seller must bring it into line with what was agreed with the customer. If this isn't practical, they must give some money back.

If you still have the Packaging and Box it was delivered in then you have a really good case because you can prove that care was taken. The claim of 48 hours is just another way of them trying to hoodwink you. That rule is not able to substitute your Consumer Rights (Although for future reference you should check everything on arrival)

I'd right to Tesco informing them that you will pursue the matter under the Consumer Rights Act if they still refuse then call phone Citizens Advice on 0345 404 0506 or 0345 404 0505 and they will assist you further.
 
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IanS

New Member
Jan 5, 2013
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I agree in the main with Skive, but the problem being thrown up by Tesco, is that they are implying that the damage was caused sometime after receipt of the goods and not in transit. In the circumstances, I don't think it will be a straightforward remedy under the Consumer Rights Act, that is if they stick to their guns. However, I doubt that their "rule" of a 48 hours limit to inspect would stand up in court even if it was a "condition" of purchase.
If you have the packaging and it shows evidence of impact, at least you can prove the damage was caused prior to unpacking and you should let Tesco know this. As I said earlier, don't give up, they have a reputation to uphold, the more you fight them the more likely they are to meet your claim.
Good luck, I hope you succeed.
IanS.
 
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