Faulty TV from Dick Smith Online

I bought a Samsung UA55J200 Tv from Dick Smith online. When I took the tv out of the box my partner noticed the tv had a scratch on the screen. When the tv was plugged in half the screen was black.
I called Dick Smith and the girl told me too send photos of the tv and send them to her. She informed the that I will be getting refund and not a replacement because they had no more of that tv in stock.
I checked out the online store and the tv is still being advertised as in stock.
Are they right to offer me a refund and not a replacement seeing that they are still have the tv in stock?
Thanks for any information or help
Russ

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Comments

  • +1

    No, they should offer you a replacement if there is stock.

    But from my experience with Myer today… sometimes the online store is wrong, so when they check the real stock, there may be no stock.

    Why not just buy it again? unless it was on sale previously…

  • +1

    How much did you pay?

    $1599 delivered from here

  • @edwinlin88
    I think they should replace it as well. But some for reason they seem pretty adamant about a refund for some reason.

    @Cheap Charlie
    The Closest store is about an hour away. They told me on the phone I cant take it back to a store, because I bought in from their on line store.

    @Spackbace
    I bought the tv when they had the 20% off the ebay site. It cost me a little over $1300. Due to work and family commitments I only had time to set it up last friday.

    • I bought the tv when they had the 20% off the ebay site.

      That could be why they're reluctant to give you a replacement. Just a thought.
      They'd rather give you back $1300 and get somebody else to buy their remaining stock at full price.

  • With regards to the above, here are your entitlements with regards to the ACCC.

    Seems that you're entitled to your preference of a refund or exchange and that Dick Smith will be required to collect the item.

    Best of luck.

  • +1

    Was the eBay transaction 20% covered by Paypal? If so, just make sure they refund direct to your card and not cancel the eBay transaction, as that will retract the Paypal part of the transaction too. At least if they refund direct to your card, you get that 20% in form of cash.. and so you can still use the full amount to buy a new TV.

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