Hmm, but how is one supposed to inspect their purchase if you cannot open the box? What if I do not think the picture is good enough quality etc?
Inspecting it is the second stage. What was being discussed earlier was a "no quibble" refund i.e. "
I changed my mind." For that to be a valid reason then the goods must be still sealed. Only then have you got that right under the Sale of Goods Act.
Once the goods are opened it is implicit (taken as read) that you have decided to keep the goods. You made a concious decision, and the right to return under the "I changed my mind" bit of SOGA has gone. At that point it then becomes a question of inspection i.e of merchantable quality, fit for purpose, free from
serious defect* etc
It's a Samsung - but I wouldn't have thought the brand would have any impact on a shops decision.
Again you're confusing the shops responsibilities with the manufacturers.
You have entered in to a contract with the store. The store entered in to a contract with its supplier - a distributor. The distributor entered in to a contract with the manufacturer. Each party has rights and responsibilities up and down the chain.
The fact that we are used to having manufacturer backup on TV products doesn't change who your contract is with. It's still with the retailer. That's your first port of call. If the manufacturer wishes to step in then great, but under SOGA you still need to go through the retailer. It's their responsibility to resolve the situation. However, certain things like dead pixels come under a tolerance clause. You need to understand what the acceptable tolerance is before the set is deemed to be faulty.
What if I do not think the picture is good enough quality etc?
Unless obviously faulty then that kind of decision is a judgement call based on your personal expectations. If it's any consolation I actually agree for 50% of the LCD TV sold the picture is rubbish. But that's not the same as the TV being faulty; it's simply a limitation of the technology, and price/performance, and set up.
