Q: We bought a 52-inch TV from a local seller for our son who was moving to a new apartment. This was three months ago. We informed the seller that the TV would not be used immediately and he said it wasn’t a problem and to inform him when we switch it on for the first time. At the shop, we unpacked the TV to check it out for any scratches or other visible damage, but it was not switched on.

A few days ago, my son unpacked the TV, installed it and turned it on. We immediately noticed a dark shadow on one of its sides. When we informed the seller about this problem, he said we must have hit it. He made such statement without even coming to see the set. We insisted with him that the TV is damaged and that it should be fixed or replaced according to the guarantee. We were then asked to take the TV to the shop but we refused to do so.

Now the seller wants to charge us €20 to collect the set for them to check it out. What are our rights?

A: If the TV is defective, the seller is obliged to provide you with a free solution, unless he proves that the damage has been caused by you while the TV set was in your possession.

Whether or not you should be charged a transport fee depends on the commercial guarantee.

If the commercial guarantee states that transport during the guarantee period is to be paid by the consumer, then you have to pay. If the guarantee does not mention who will pay for transport, then the trader should provide the transport free of charge.

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