TV’s 3D feature does not work

Q: A few days ago I bought a 3D TV set from a local retailer. At the showroom the salesperson showed me all the advantages of having a 3D TV and I liked it so much that I decided to purchase a model.

When the set was delivered to my house and I tried to watch a 3D film, I realised the 3D feature was not functioning. I therefore called the seller and complained about this.

At this point the seller informed me that the 3D feature is not enabled because they are still waiting for a software update from the mother company.

I feel I have been misled by the seller when I bought the TV. What are my rights are in this situation?

A: In this particular case the seller did not adhere to one of his main legal obligations. Consumer law specifically stipulates that the goods sold must be in conformity with the description and specifications in the contract of sale.

More specifically, the law states that the goods sold must “comply with the description given by the trader and possess the characteristics, features and qualities of the goods which the trader has promised or has shown or otherwise held out to the consumer as a sample or model”.

In other words, you are legally entitled to the 3D TV which was promised to you during the sale.

At this point the seller should either provide you with a 3D TV by either updating your model with the relevant software or by replacing it.

If neither of these two remedies is possible or may cause you significant inconvenience, you are legally entitled to a cash refund.

Should the trader refuse to provide you with a suitable remedy, you may file a complaint with the Office for Consumer Affairs.