Faulty TV 14 months after purchase from Pixmania - HELP!!

Found 14th May 2010
I bought a Toshiba 37" TV in March last year for £415 from pixmania, so its just over the 1 year manufacturer warranty. And as luck would have it, it wont turn on now!

So I called pixmania customer services on Monday 10th May and explained the situation. At first they said I will need to send it to them and they will send it to the manufacturer and then get back to me with a price for the repair. I wasn't happy with the prospect of paying a costly repair when the TV is just outside the 1 year warranty, so I started spouted some Sales of goods act stuff at them (Didn't know they were based in France at that point) and then I was told they will speak to head office and get back to me.

The next day, on Tuesday, I received an email with a couple of PDF's. One was a returns label and another an incident report. But I still unsure if it was a free repair and whether I had to ship it back to them at my own expense.

So I called again to query those 2 points and was told they will speak to head office again and get back to me.

The next day, Wednesday, I received another email with a pre-paid UPS label for the parcel but still know confirmation as to whether or not the repair was free or not. So I rang again and again I was told they will speak to head office and get back to me.

So yesterday, I had not received an email so I called again and was told YES YOUR REPAIR WILL BE FREE AND IF IT CANNOT BE REPAIRED YOU WILL RECEIVE A REFUND. She went' on to say make sure you include all accessories and packaging incase it cannot be repaired. Result! I thought, they are picking it up for free and fixing it for free or I'm getting a refund, can't say fairer than that.

So today (Friday 14th May 2010) the UPS man came to pick up the TV. About an hour later I received this email...

"Dear Mr. XXX,

we are unable to quote a price for the reparation of your product before we have the product in our warehouse. It will be sent to the manufacturer and then we will be able to establish the price. We apologize for this inconvenience.

Best regards,

Team Pixmania

Pixmania.com : Number 1 in Europe. Low prices guaranteed. Always in stock.
Pixmania is a Fotovista company."


What the hell?? So I called them again and explained that I was told I was getting a free repair or refund and that the TV was just picked up by the courier and is on route to you and then I received this email, whats going on? He told me there is no information about it being a free repair, after 1 year has passed it is chargeable. He is going to speak to head office and get back to me on Monday. I said to him that if it was not going to be a free repair, why would I send it all the way to France when I could get it repaired myself here in the UK.

So legally where do I stand? I take it that the sales of goods act is not relevant as pixmania are a French company? What about any EU laws that may be applicable? I just want to arm myself with as much knowledge as possible as reading all the comments about pixmania it seems Iv'e got a battle on my hands!

I paid for the TV using paypal, £80 was already in my paypal account and the rest was lifted from my MasterCard credit card if that makes any difference?

Thanks in advance for any help

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16 Comments

Why would the sale of goods act not apply if they are a French company? They are trading in the UK and have to abide by UK law.

This is why I always tell folk not to buy from this company.

Hope you get it sorted OP.

Try calling Consumer Direct.

EDIT: Call your credit card company OP.

You should also try Toshiba UK (tel 0844 856 0730) . Some large companies like Phillips allow that if you buy something in another EU country your warranty is the covered by the country you live in (eg Phillips UK).

Read the warranty that came with your TV (if its not in French).

Good luck.

moob;8608882

This is why I always tell folk not to buy from this company.Hope you get … This is why I always tell folk not to buy from this company.Hope you get it sorted OP.Try calling Consumer Direct.EDIT: Call your credit card company OP.



cheapest price not always the best. :thumbsup:

there is mandatory 2 year European warranty law, this should cover you. It is even better than Sale of Goods Act

you just need to quote Article 5 of the EU Product Warranty Directive (1999):

Article 5

Time limits

1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.


ec.europa.eu/pub…pdf

EUROPA - Consumer Affairs -Sale of Goods and Guarantees

ec.europa.eu/con…pdf

also try to get what you need from them in writing as some people talk nonsense over the phone and then you have to pay for their incompetence.

Original Poster

Alistair1234;8608473

Why would the sale of goods act not apply if they are a French company? … Why would the sale of goods act not apply if they are a French company? They are trading in the UK and have to abide by UK law.



Im not 100% sure but by reading other posts regarding pixmania, because they based from and ship from France they do not have to abide by UK laws, but instead they have their own French equivalent. I may have protection using their legislation but not our own UK one. I could be totally wrong though lol I think they are now owned by the same group that owns Dixons, Curry's and PC world

moob;8608882

This is why I always tell folk not to buy from this company.Hope you get … This is why I always tell folk not to buy from this company.Hope you get it sorted OP.Try calling Consumer Direct.EDIT: Call your credit card company OP.



Thanks mate, I hope it gets sorted in time for the World cup!
I'm hoping they honour their word and give me a free repair, but judging by their reputation I'll be lucky!

gari189;8609777

You should also try Toshiba UK (tel 0844 856 0730) . Some large … You should also try Toshiba UK (tel 0844 856 0730) . Some large companies like Phillips allow that if you buy something in another EU country your warranty is the covered by the country you live in (eg Phillips UK).Read the warranty that came with your TV (if its not in French).Good luck.



Unfortunately Toshiba didn't want to know when I spoke to them on Monday (used same number as the one you provided) I didn't get any kind off warranty card or booklet with the TV.

Original Poster

meshosa;8610076

there is mandatory 2 year European warranty law, this should cover you. … there is mandatory 2 year European warranty law, this should cover you. It is even better than Sale of Goods Act you just need to quote Article 5 of the EU Product Warranty Directive (1999):Article 5Time limits1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.http://ec.europa.eu/publications/booklets/move/64/en.pdfEUROPA - Consumer Affairs -Sale of Goods and Guaranteeshttp://ec.europa.eu/consumers/cons_i...7_EN_final.pdf



Thank you for the info, sounds very promising that I at least have some protection using EU legislation, I'll have a proper read in the morning.

Original Poster

simplyjimbo;8610563

Try here for some extra info: … Try here for some extra info: http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases#overseasandonline



Thanks for that, by reading that it doesn't look like I can go to my credit card supplier for help because I used paypal...

"When you buy through third parties. Travel agents, paypal etc.

You’re usually unlikely to be covered when payments are made to a company that isn’t the one providing you with the good or service because the credit card company must have a direct relationship for them to be equally liable.

The first main area is paying via an online processer such as PayPal, WorldPay or Google Checkout. Though these can have their own refund systems, they aren't as strong as the legal protection of Section 75."

Original Poster

Just a quick update....

I called them yesterday and they received the TV on Tuesday and are waiting for an engineer to inspect it.
I asked again about the warranty situation and the guy I spoke to said YES IT HAS A 2 YEAR WARRANTY! and as long as it wasn't accidently damaged they will repair it free of charge. I asked for that in writing (cheers for suggesting that, meshosa) and I received an email from them saying, "This email is to confirm that your TV is covered by a 2 year warrenty."

Fingers crossed it all works out and we get out telly back in time for the world cup!

Original Poster

TV BACK AND ALL FIXED FOR FREE!

Thats right! Pixmania came through for me and I have my TV back, all working nicely in time for the world cup!

Cheers for all the comments and cheers to pixmania, you have renewed my faith in you!

Well done Pixmania

masai;8791801

TV BACK AND ALL FIXED FOR FREE!Thats right! Pixmania came through for me … TV BACK AND ALL FIXED FOR FREE!Thats right! Pixmania came through for me and I have my TV back, all working nicely in time for the world cup!Cheers for all the comments and cheers to pixmania, you have renewed my faith in you!



Now just wait another 12 months and see if your still saying that :whistling:

Original Poster

davidn84;8791864

Now just wait another 12 months and see if your still saying that … Now just wait another 12 months and see if your still saying that :whistling:



Im remaining optimistic! :whistling:
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