Dabs warning: Used stock sold as new?

  Esinem 11:37 29 Aug 2009
Locked

I recently had a fault with my Dabs Value 32" LCDTV, which I use a monitor. When I tried to claim warranty, I was told to my surprise it only had 90 days as it was used stock.

I do not recall being made aware that it was other than new. If I check the order history, it shows 12 months warranty, not 90n days, albeit there is a tiny 'open box' icon on the order. However, as this is post-contractual, the icon is irrelevant. The linked item listing does not indicate the unit was used. I have asked 3 times for Dabs to provide evidence that it was made clear when I bought it that it was used. Three times they have failed to do so, most recently under threat of legal action and reporting to Trading Standards. In the lack of evidence to the contrary, it looks like sharp priactice or incompetence at best.

Be VERY CAREFUL and be sure you know exactly what you are buying from this lot.

  peugeot man 14:11 29 Aug 2009

Cant comment on your particular issue, but I believe Dabs is a BT company so I would expect high standards.

I have used them several times and always been very pleased.

  HondaMan 14:29 29 Aug 2009

Likewise. I buy a lot of my stuff from Dabs.com, and I have never had a problem with them

  oldbeefer2 14:45 29 Aug 2009

Bought loads of stuff from them and never had a problem (rather the opposite - service has always been brilliant).However, unless you were made aware at the time of purchase that the good were second hand, you must have recourse through Trading Standards or the Small Claims Court I would have thought.

  Esinem 17:59 29 Aug 2009

Good service? There is no customer service line, only an email address which took 5 days to get a response. If you need to return anything, they tell you to go to the manufacturer. The manufacturer refers repairs to Repairtech who are miles away. Great!

Yes, they are BT now. Who do I take action against given my original contract was with Dabs.com? Dabs cannot produce evidence that they showed it was 2nd hand so I'd say I'm onto a winner.

  Esinem 18:19 29 Aug 2009

Found the following emails. Not sure how many work.
[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

  GaT7 19:42 29 Aug 2009

Esinem, what does the original invoice say? G

  WolframBlitzen 21:07 29 Aug 2009

Dabs is owned by BT? Well thats a surprise.

You really need to think back and see if they advised you it was opened before you bought it. Is there still a product page up for it? that might tell you (Product page with the same item code, that is)

With regards to your warrenty, I would be inclidend to say that whatever you have in black & white is what they have to give you.

  Esinem 21:11 29 Aug 2009

It is confusing. It shows the unit as having 12 mths warranty and links to a listing that gives no indication it is used. The only indication on the (post contractual, thus not part of the contract) invoice is an 'open box' icon that says 'used stock' when you mouse over.

As I said, Dabs have repeatedly failed to provide evidence that it was listed as used stock.

Here's the product link: click here

  WolframBlitzen 23:02 29 Aug 2009

Thats BT, not Dabs. Anyway thats irrelevant. If thats the quicklink then there's nothing I can see on that page that says it's second hand or used.

Basically, A retailer has to sell it as it is. You need to point this out to the retailer.

  Forum Editor 07:48 30 Aug 2009

If you buy secondhand goods you are protected under the same consumer legislation as when you buy a new item. The only qualification is that a court would take the age of the goods into consideration when assessing any compensation.

That assumes that you were aware of the second-hand nature of your TV when you made the decision to purchase, and you say you weren't. If there was no clear indication on the website that this TV was a used item the company may have wrongly described the goods, in which case you re entitled to reject the TV and claim a full refund. You say that the web link to the item makes no mention of second-hand goods, and if this is the case - and your order acknowledgment made no mention of it - you should notify the supplier that you are rejecting the TV. Do this via email, and make sure you retain a copy.

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