Your Rights in Case of Defective TV: Free Advice


Questioner

Dear reader, Two years and nine months ago, I bought a Sony TV from a local retailer (not an online store). This TV had been reduced in price from €999 to €699 due to a trade-in promotion. Recently, the TV started malfunctioning and eventually wouldn't turn on. So I took it to the store, where they investigated the problem. Unfortunately, they couldn't fix it themselves, so the TV was sent to Sony for inspection (a €70 fee). Two days later, I learned that the main board was defective and that the repair cost was €612. The store in question, as compensation, reduced the cost to €341. I indicated that I considered this disproportionate, given that the TV was so new and had broken down through no fault of my own. I then sent an email referring to an article from the Consumers' Association stating that there is a right to free replacement/repair in such cases. The store responded with an amended proposal in which the repair costs were reduced to €336. My question: what are my rights as a consumer in this regard? I believe I should expect a TV of this value to have a lifespan longer than 2 years and 9 months. I look forward to hearing from you. Kind regards

Questioner

Indeed. The TV should generally last longer, and the seller should therefore resolve the problem free of charge. You must notify them in writing to request free repair or replacement. If they maintain their position, you can partially terminate the agreement. Please contact me if you wish.

Questioner

Thank you very much for your response! I immediately forwarded this to the store in question and received a response very quickly. I replaced the company name with because I don't want to make it a public attack based on company name. I would greatly appreciate it if you could, again, give your advice. "Dear sir, Thank you for your email, which we received in good order. In your email, you indicated that you had submitted the case to the Legal Aid Clinic. You received a response from the Legal Aid Clinic, and your case was therefore upheld. As we indicated in our letter of October 7th, we use the straight-line depreciation model of Techniek Nederland BV when it concerns a life-extending repair, whereby is connected. A life-extending repair means that, when the repair is carried out, the device can reasonably be expected to last longer than the stated expected lifespan. In other words, the expected lifespan of a television is normally 5 years (60 months). After the repair, the expectation is that your current lifespan (33 months) will be extended beyond this expected lifespan (your device is expected to last longer than the expected 60 months). With the linear depreciation model, a portion of the total costs is charged equal to the period you have used the appliance, divided by its expected useful life. This is 33/60ths of the repair costs, as you have owned the appliance for 33 months, compared to an expected useful life of 60 months. You can also read more about this calculation on the Techniek Nederland BV website: https://www.technieknederland.nl/onze-leden/waar-staan-onze-leden-voor/gebruikduurverwachting. According to the above calculation, the costs you paid for the repair have already been adjusted from €612.12 to €336.68. remains of the opinion that it has made you a suitable offer, in accordance with the complaint, the age and the expected lifespan of the device. Yours sincerely, "

Questioner

It's common for repair shops to offer a discount under their terms and conditions, as this allows you to benefit from using new parts that justify extending the service life. In your case, this discount was applied, so there's little you can do about it. I do recommend checking which parts have been replaced and, if possible, obtaining a written warranty claim.

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