I've noticed that two major online electronic retailers in the UK Play.com
don't actually provide consumers (in their legal writing or product listings) with information regarding their policy on the returns of LCD monitors with dead or stuck pixels, such as whether a monitor with dead/stuck pixels can be returned for replacement or refund, and the pixel tolerance, much the way Newegg.com
in the US clearly does.
The following is a hypothetical situation (which I'm sure has been reality for many consumers in the UK). It is mainly in reference to the online retailer Play.com.
Say I purchased an Acer LCD TFT monitor from Play.com or Dabs.com, and upon using it for the first time, I notice that there's one dead pixel on the screen. I immediately think about returning the product to the online retailer for replacement or refund, but what about the manufacturer's pixel policy? One dead pixel is not enough for replacement or refund under the manufacturer's pixel policy, as the online retailer would argue. However, at no point did Play.com or Dabs.com state before purchase, the manufacturer's pixel policy, and that an LCD monitor with only one dead pixel is not eligible for replacement or refund.
My argument is the following. Wouldn't Play.com or Dabs.com have to refund or replace the monitor at no cost to the consumer, regardless of the manufacturer's pixel policy? My reasoning for this is because the online retailer doesn't specify in their returns policy anything about the handling of monitors with dead/stuck pixels (such as the number of defective pixels which constitutes as a fault), nor do they make clear to the consumer the manufacturer's pixel policy which applies to the product, at time of purchase...
...The consumer would have bought the monitor, not knowing that it could not be returned for refund or replacement if it exhibited dead/stuck pixels. The consumer is not forewarned, and while the monitor comes with written documentation regarding pixel policy, the consumer has to open the packaging in order to read it, and in Play.com's returns policy it states:
We cannot refund or exchange an opened item unless it is faulty, or if the item was sent to you through our error.
What is your legal standpoint of this hypothetical situation?