The Voice (Botswana)

My TV is broken!

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On the 23rd April, 2021, I bought a 55 inch Telefunken smart TV.

This television started developing some horizontal lines and eventually the situation worsened in August. I decided to take back the TV to the store on the 23rd September where I bought it and expecting that I would be given a new one. I was told that it would be fixed within 21 days and if not repaired, I would be refunded.

Having used the TV for 5 months, I feel I must be given a new one or refunded. If it gets fixed, I am afraid the gadget will trouble me. Currently, we have no TV to watch; we are waiting for the store to repair. May your office help me in this situation? I know it’s frustratin­g but the store does have the right to try and repair the TV. Once.

The starting point is that Section 15 (1) of the Consumer Protection Act says that a consumer “has the right to receive goods which are of good quality, in good working order and free of defects”.

But life isn’t that simple. Sometimes things go wrong. Things we buy sometimes are faulty but we’re protected when that happens. Section 16 of the Act says that if the goods fail to meet that standard, the consumer may return the goods to the supplier. It then says that the supplier is entitled to “repair or replace the defective goods” or to “refund the consumer” but it’s important to understand that they can decide which they want to do. They are entitled to repair the TV before they choose to give you either a re

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fund or a replacemen­t. I know it’s irritating to spend a lot of money on a smart TV and then wait for it to be repaired but that’s what the law says they can do.

But there’s something that suppliers often forget. Section 16 of the Act also says that if a supplier repairs an item and “within three months the same problem recurs in the goods” they’re not allowed to repair it a second time. They can now only refund you or give you a replacemen­t.

My advice is to allow the store to try and repair the TV but make sure you tell them that you know they get just one chance to do that.

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