Shopping Discussion

Received damaged Plasma TV, company is rejecting the replacement

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  • Jul 23rd, 2012 4:12 am
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Jr. Member
Jun 14, 2012
140 posts
31 upvotes
North York
Hugh Jass wrote: The only possible fraud could be on the part of the OP, but the store should give him the benefit of the doubt and do the return.

As far as everyone is aware, when the box was opened, the TV was damaged. Now obviously it left the factory intact, so someone along it's travels it got damaged, therefore the onus should be on the manufacturer to package it properly to avoid this problem.
Of course, I don't have live video recording with witnesses on how I approached the unopened box, opened it and discovered the broken screen, but the fact that: "TV was delivered on a date that I told the store I won't be at my new place" (I have the email) yet and "the delivery of my TV to my apartment without my signature" shows that there are at least few things wrong on their side.

And if someone reports the damage within 48 hours do they have proof that they didn't break it?

All I said is true. What more I can say to prove it?
Jr. Member
Jun 14, 2012
140 posts
31 upvotes
North York
porphyra wrote: Costco operates in England, so I am not sure if that holds water. Sometimes they are more expensive than these shady stores, but again you pay extra for their service and peace of mind.
Actually I am fresh from Ireland (lived there for 6 years before immigrating to Canada in April this year) and there was no Costco in Ireland.

I googled "Panasonic TC-P42X5" (value 42" plasma, 2012 model) and Gibby had that model on offer, so I thought "why not, looks to be ok store with lot of other products". But I asked them to deliver TV on specific later date as I didn't want it to be delivered to hostel :)
Jr. Member
Jun 14, 2012
140 posts
31 upvotes
North York
Blackmajik wrote: I guess the OP has to physically get in touch with their HQ or higher up and be stern about the situation. The last TV set I bought from Future Shop, they made me inspect the TV for physical damage before signing off the delivery.
I would be very happy if they asked me to do that too :)

I spoke to Duane Gibson and I believe he is a manager/owner there. (I asked customer service representative to connect me to a decision making manager, and I told the same story to him).
Jr. Member
Jun 14, 2012
140 posts
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North York
What a community! Sooo many useful/helpful feedbacks!!!

Thanks guys!!!

I am happy that there are lot of people in this world that are not indifferent to other's problems :)
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Aug 20, 2009
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I had a similar problem with Gibbys about a year ago. The delivery company they used delivered the TV but didn't take it out of the box or plug it in. I powered it on to find a nice defect out of the box. I called within the 48 hours but it was still incredibly problematic trying to get an exchange. First they said they wouldn't do it, then I offered to have my lawyer contact them about it and then they said ok they would only do a direct exchange. Conveniently they didn't have stock on the TV anymore and at that point I was ready to just reverse the charges and ship them the TV but a friend of mine works for Panasonic and asked me to just let them handle it. Panasonic had a tech at my place within 2 days and he had the replacement part shipped and installed within a week, I was very happy with how Panasonic handled things. I won't be shopping at Gibbys again.

Incidentally, I've seen the back of their garage/warehouse at Gibbys when I went to pick up some speakers years earlier when they were more reliable. I don't think they're storing the TVs particularly well, I saw a bunch of plasmas laying on their side and the garage door was wide open in the winter, place was freezing cold and some LED TVs were stacked up right near the edge. I know the boxes are well packed but I doubt they're following the shipping/storage guidelines very closely.
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Dec 11, 2003
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Maybe try calling Panasonic and telling them your story to see if they can fix it for you since Gibby's doesn't seem to want to do anything about it.
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Jun 19, 2001
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It does state 48 hours
http://www.gibbyselectronicsupermarket. ... s-i-4.html

Even if there was an agreement on shipping date and it arrived earlier, op still waited days past 48 hours of receipt to report the damage. I dont think its unreasonable for them to state an inspection time and it be short. If its damaged they would want a chance to claim from UPS, and not risk providing a "damaged by customer" warranty. And the customers have a chance to review their conditions and agree or not to purchase.

To say they should take it back anyway is saying no company can have any terms, as the customer can just buy and ignore them. The smaller places only hope on competing on price is limiting costs where they can, returns being a big one
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Apr 1, 2010
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urartu99 wrote: Haha, I realised that now :)

New country, new things to learn, but I agree, better to buy from well known stores. Its just I was soo busy with the search of the new apartment that I didn't spend too much time on the store research.
Well welcome to Canada! :)

I hope everything goes better for you and I'm sorry Gibby's is giving you a hard time. I hope you get your money back. :)

Keep us updated.
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Jan 30, 2007
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urartu99 wrote: Hello people!

I hope you can help me with the issue I have.

I purchased a TV from Gibbys Electronic Supermarket, an online store. I opened the package after 7 days after the delivery onl;y to discover that the screen is broken. Company is rejecting to replace the TV saying that according to the company return policy I needed to report the damage within 48 hours of receiving the TV.

First of all I wasn't at home when package was delivered and TV was left with the building supervisor and I never signed for it. Secondly, TV was delivered to my new flat and I opened it only my TV stand has arrived.

Can you please advise, how can I demand the company to replace the damaged TV I received? Thank you.
You may have some luck doing a chargeback through your credit card company, however the very fact you didn't inspect it upon your receiving it (even ignoring the fact it was delivered earlier) may cause some problems.

Waiting until your new stand arrived before inspecting the TV was a bad decision on your part. The company is right in saying you may have damaged it yourself. If you could establish the box was damaged, then it would be the shipping company's issue most likely.

Good luck.
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Deal Guru
Aug 14, 2007
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A lot of people are missing the point:

He had 48 hours to inspect, if the company who sold the product doesn't hear from the customer within 48 hours of delivery confirmation, they assume all is well.

He checks it a few days after delivery and realizes its damaged then tries to make a claim well sorry, you knew you had 48 hours to inspect it.

Just like most times when you but a new tv from an actual store, they open and pull the tv out there before you leave the store to make sure the screen isn't cracked/broken.

You know how strict I was when I bought my viera (50" 3D plasma)? The delivery people pulled up to my house, opened the back of the van to take it out and I saw it was laying on its side. That right there made me say take it back don't even bother pulling it out. I then borrowed a friends van and picked it up myself. Had it since November 2010, never had an issue with it!


OP. realize you are wrong and the company is in every right to dispute the return, I know I would.
Jr. Member
Jun 14, 2012
140 posts
31 upvotes
North York
Redmask wrote: I had a similar problem with Gibbys about a year ago. The delivery company they used delivered the TV but didn't take it out of the box or plug it in. I powered it on to find a nice defect out of the box. I called within the 48 hours but it was still incredibly problematic trying to get an exchange. First they said they wouldn't do it, then I offered to have my lawyer contact them about it and then they said ok they would only do a direct exchange. Conveniently they didn't have stock on the TV anymore and at that point I was ready to just reverse the charges and ship them the TV but a friend of mine works for Panasonic and asked me to just let them handle it. Panasonic had a tech at my place within 2 days and he had the replacement part shipped and installed within a week, I was very happy with how Panasonic handled things. I won't be shopping at Gibbys again.

Incidentally, I've seen the back of their garage/warehouse at Gibbys when I went to pick up some speakers years earlier when they were more reliable. I don't think they're storing the TVs particularly well, I saw a bunch of plasmas laying on their side and the garage door was wide open in the winter, place was freezing cold and some LED TVs were stacked up right near the edge. I know the boxes are well packed but I doubt they're following the shipping/storage guidelines very closely.
Unbelievable! It is now obvious that I bought my TV from a wrong company...

Thanks for the information!
Jr. Member
Jun 14, 2012
140 posts
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North York
XtremeModder wrote: A lot of people are missing the point:

He had 48 hours to inspect, if the company who sold the product doesn't hear from the customer within 48 hours of delivery confirmation, they assume all is well.

He checks it a few days after delivery and realizes its damaged then tries to make a claim well sorry, you knew you had 48 hours to inspect it.

Just like most times when you but a new tv from an actual store, they open and pull the tv out there before you leave the store to make sure the screen isn't cracked/broken.

You know how strict I was when I bought my viera (50" 3D plasma)? The delivery people pulled up to my house, opened the back of the van to take it out and I saw it was laying on its side. That right there made me say take it back don't even bother pulling it out. I then borrowed a friends van and picked it up myself. Had it since November 2010, never had an issue with it!


OP. realize you are wrong and the company is in every right to dispute the return, I know I would.
So, I bought the TV and asked the store to deliver my TV on a specific day, and they said "sure, np at all" (because if they deliver too early, I will not have keys for the apartment yet, and abviously can't accept the shipment!). Gibbys ordered UPS to deliver the TV on a date when I explicitly stated I will not be available, and they left the TV with the building supervisor without my signature.

I don't think all these is right...

What I know I didn't break the TV but can't get a replacement yet.

Yes, I missed the "48 hours thing" but my most obvious mistake was buying from Gibbys, that is now crystal clear.
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Sep 6, 2009
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urartu99 wrote: So, I bought the TV and asked the store to deliver my TV on a specific day, and they said "sure, np at all" (because if they deliver too early, I will not have keys for the apartment yet, and abviously can't accept the shipment!). Gibbys ordered UPS to deliver the TV on a date when I explicitly stated I will not be available, and they left the TV with the building supervisor without my signature.

I don't think all these is right...

What I know I didn't break the TV but can't get a replacement yet.

Yes, I missed the "48 hours thing" but my most obvious mistake was buying from Gibbys, that is now crystal clear.
Chargeback on your credit card because you bought the tv in good faith that it would be working 100% and delivered on the date you agreed on by the store. Now it is the stores fault for delivering it early and breaking your verbal/written agreement and delivering with a 3rd party company with no insurrance on the tv. If they do not agree to return it then I would raise hell and contact a lawyer and bring gibbys to small claims court for not only the value of the tv but the court costs/lawyer fees.
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Sep 22, 2007
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nagasadow wrote: Chargeback on your credit card because you bought the tv in good faith that it would be working 100% and delivered on the date you agreed on by the store. Now it is the stores fault for delivering it early and breaking your verbal/written agreement and delivering with a 3rd party company with no insurrance on the tv. If they do not agree to return it then I would raise hell and contact a lawyer and bring gibbys to small claims court for not only the value of the tv but the court costs/lawyer fees.
He bought the TV in good faith with the contract stipulation that he would report any damage within 48 hours, the OP breached the contract by not reporting damage until much later. Neither the chargeback nor the small claims case would be successful.
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Aug 20, 2005
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spf1971 wrote: He bought the TV in good faith with the contract stipulation that he would report any damage within 48 hours, the OP breached the contract by not reporting damage until much later. Neither the chargeback nor the small claims case would be successful.
It is not as clear cut as some think it is. He was to report damage within 48 hrs of receipt. According to his statement, he opened it 7 days after delivery. It was delivered May 28, 7 days would be June 4. But he had arrangements with Gibbys to deliver the tv on June 2 after he took possession of his apartment. So he did open it within 48 hours of the date he had requested the delivery. People frequently order items when moving and delay delivery until after they move so it was not an unusual request. Also I don't think it is reasonable for Gibbys to send out a $700 item and leave it with the building superintendent. They should have required a signature from the intended recipient. I was looking at ordering a freezer online and you have to show ID, the credit card you paid with and receipts to receive it delivered into your home.


Do you have proof of the agreement to deliver on June 2?
Do you know who did the delivery? What were the arrangements for receiving the tv? Companies are generally more careful about leaving expensive items with people other than the intended recipient as I mention above. The super could have taken the tv or the OP could have denied even receiving it since he didn't sign for it. It seems that Gibbys didn't safeguard for this. Since Gibbys made the shipping arrangements, they do have some blame in the tv sitting for a week.
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Sep 22, 2007
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What the OP should have done was contact the store and refuse to accept the package as it was delivered to the superintendent rather than himself prior to the agreed delivery date. They could then either agree to start the 48hr inspection time when the OP took possession or return the TV to the store. By accepting it, the OP accepted the TV as delivered and when delivered.

For everyone who is stating that it shouldn't have been delivered to the superintendent, remember that the next time a company refuses to leave a package at your residence and instead insists on you being home to sign for it.
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Aug 20, 2005
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spf1971 wrote: For everyone who is stating that it shouldn't have been delivered to the superintendent, remember that the next time a company refuses to leave a package at your residence and instead insists on you being home to sign for it.
I don't order things if I know I won't be home to receive it, especially large ticket items like a tv. That is specifically why the OP made the arrangements to have it delivered when he would be there. I don't want any courier or delivery person leaving anything I've purchased with anyone other than me or someone I've authorized to receive the item. So you won't hear me complaining.

I once had a messenger service leave some documents with the neighbour across the road. I didn't know this person nor did they deliver the documents to me after they received them. The next day I found out from my lawyer's office that the documents were with this neighbour. I was extremely ticked. I made them send the messenger back to the neighbour's house to pick up the documents and deliver them to me at work. The documents were an important legal decision that I had waited two years to receive and didn't want to wait any longer to learn the outcome. I won btw.
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May 8, 2012
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I hate when things like this happen! It's terrible customer service on their part and would cost them nothing to replace the damaged television. Hope everything works out in your favour!
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Sep 10, 2004
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Cheap Cat wrote: It is not as clear cut as some think it is. . . . he had arrangements with Gibbys to deliver the tv on June 2 after he took possession of his apartment. So he did open it within 48 hours of the date he had requested the delivery. People frequently order items when moving and delay delivery until after they move so it was not an unusual request. Also I don't think it is reasonable for Gibbys to send out a $700 item and leave it with the building superintendent. They should have required a signature from the intended recipient. . . . The super could have taken the tv or the OP could have denied even receiving it since he didn't sign for it. It seems that Gibbys didn't safeguard for this. Since Gibbys made the shipping arrangements, they do have some blame in the tv sitting for a week.
+1

This is absolutely correct. I see a number of the usual clowns blaming the OP for ordering the TV online, for not ordering from a big-box chain and for "waiting" to open it, but I fully blame the retailer.

The TV was to be delivered to him, not to his superintendent. It was to be delivered after a specific date and was not. Gibbys messed up.

So much for the company’s claim of “knowledgeable customer reps and local owners to make sure you are looked after.”

Here's my lesson learned: Never shop at Gibbys Electronic Supermarket.

I hope others who see this thread decide the same. Gee, I wonder if the profit on that TV was worth all the lost sales resulting from Gibbys refusal to work things out with the OP.
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Jun 14, 2012
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North York
RFDexter wrote: I hate when things like this happen! It's terrible customer service on their part and would cost them nothing to replace the damaged television. Hope everything works out in your favour!
Thanks!!!

Portwest wrote: +1

This is absolutely correct. I see a number of the usual clowns blaming the OP for ordering the TV online, for not ordering from a big-box chain and for "waiting" to open it, but I fully blame the retailer.

The TV was to be delivered to him, not to his superintendent. It was to be delivered after a specific date and was not. Gibbys messed up.

So much for the company’s claim of “knowledgeable customer reps and local owners to make sure you are looked after.”

Here's my lesson learned: Never shop at Gibbys Electronic Supermarket.

I hope others who see this thread decide the same. Gee, I wonder if the profit on that TV was worth all the lost sales resulting from Gibbys refusal to work things out with the OP.
Thanks for understanding mate!

I thought the same :) Why they risk their reputation and potentially damage lot of their future sales by not keeping customer happy, especially in the cases like mine.

It’s not that I contacted them 5 months after the delivery saying that I received damaged merchandise... It is very logical, that when someone moving to a new apartment(and they knew that), especially with family and children, spending few days on bed/table/chair assembly is logical, and they could easily resolve the issue by replacing the tv (I am sure most successful companies would have replaced it).

I expect an update on Monday (25th of June) and will let everyone know how things go.

Thanks a lot for the support!

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