LG updates T&Cs for reporting faults after Which? intervention

LG has removed a faulty goods term from its 'incorrectly edited' T&Cs.

The term stated that customers must report any damage to products within three days of delivery, or LG would assume that the damage had been caused by the consumer.

But Which? was concerned that this term could be in breach of the Consumer Rights Act 2015 (CRA), which states that the quality of goods bought by consumers must be satisfactory and that retailers' T&Cs cannot restrict this responsibility.

Your faulty goods rights also entitle you to a full refund, repair or replacement if you notice a fault with a product within 30 days. If you notice the issue within six months, you can ask for a repair or replacement.

'LG claimed I'd caused the damage to my delivery'

Katy, an LG customer, first brought the T&Cs to our attention after she was refused a refund for her damaged washer-dryer.

Katy told us she'd arranged for a plumber to fit the machine nine days after delivery, and so kept it protected in its original packaging until the installation date.

But when the plumber took the washer-dryer out of the box, it was severely damaged. The side panel was dented and had caused the control panel to come away. The dent was apparently so severe that it had changed the dimensions of the machine, which wouldn't fit in her integrated kitchen space.

Katy contacted LG and was told to submit pictures for it to review and respond to within 48 hours. But after 72 hours, she still hadn't heard back.

'I rang LG, which said that as I hadn't reported the damage within three days, it was determined that the damage was caused by my handling of the product,' Katy explained.

'This was untrue and felt grossly unfair that LG was trying to hide behind this statement buried in its T&Cs. The washer-dryer hadn't been moved from the original delivery position, and at no point during the order was it made clear that damage needed to be reported immediately,' she added.

LG then offered to repair the product, but Katy was concerned that the machine wasn't fixable. 'It appears we'd have to go through the charade of a repair or pay for a new appliance,' she told us. 'I have two small children and desperately need a working machine.'

Which? contacted LG, and it then offered to replace Katy's damaged unit. We also challenged LG on its terms, and the company removed the 72-hour window for reporting damage from its T&Cs. LG said the terms were incorrectly edited on its website.

LG says it's backdated this policy and is reaching out to any customers who have been negatively affected by the previous terms.

If you were refused a refund from LG for a damaged delivery, it's worth contacting the company directly and citing the change to its terms and conditions.

• Find out more: use our free faulty goods tool

How to challenge unfair faulty goods T&Cs

Under consumer law, you have a right to challenge a contract term if you think it's unfair.

Write to the retailer explaining why you think its T&Cs are unfair, and the outcome you'd like to see.

Remember that, under the CRA, you're entitled to a full refund, repair or replacement if you notice a fault with a product within 30 days. If you notice the issue within six months, you can ask for a repair or replacement.

The CRA also says that products must be of satisfactory quality, fit for purpose and as described at the point of purchase.

If the retailer refuses to resolve your complaint, you could consider using a dispute resolution scheme (if there's one for your type of complaint), which will be able to independently review your case.

The Competition and Markets Authority (CMA) can also investigate and ultimately force a company to change its terms. You can also report a contract term to the CMA using this form.

If the retailer in question does not belong to a dispute resolution scheme, or if you're unhappy with how the scheme assessed your claim, you may be able to use the small claims court.

Before you start any court action, it's important to seek legal advice and warn the trader in writing that this is what you’re going to do. 

• Read more: how to challenge an unfair term