Purchase and Product Details
On 19 January 2026 I purchased a TCL 85C655 QLED television (approximate price €909) from Conforama. The television was delivered to our house by Conforama. It was placed on a large, elevated cabinet where it remained since delivery. Due to the television’s size (85-inch) and height of placement, the lower and central areas of the screen were completely out of normal reach for any household member or visitor.
Nature of the Problem
Approximately three months after delivery, a visible line/defect appeared on the screen. The exterior surface of the panel remained completely smooth and undamaged to both visual inspection and touch. No impact, pressure, or external force had been applied to the screen by any person in the household. The affected zone was physically inaccessible under normal use.
Manufacturer Inspection
TCL technical engineers attended the property to inspect the television. They confirmed the absence of any external damage to the panel surface. During the inspection, however, the technicians spent a considerable period of time applying repeated and sustained pressure to the affected area of the screen. This action visibly worsened the existing defect.
Seller’s Response and Warranty Denial
Conforama subsequently denied the warranty claim. Their decision was based on a technical report stating that the damage consisted of a rupture of the internal matrix caused by external pressure or impact, and was therefore classified as accidental damage or improper use excluded from the manufacturer’s warranty. Conforama also cited their general terms of sale, which defer to manufacturer warranty criteria and exclude liability for damage arising from external factors, misuse or handling.
This conclusion is contradicted by the factual circumstances:
The television was delivered by Conforama.
The defective area was physically inaccessible due to size and height.
No external marks or signs of impact existed.
TCL’s own engineers confirmed the absence of external damage yet applied significant pressure during inspection, aggravating the fault.
Consumer Protection Position under Portuguese Law
Under Portuguese consumer protection rules (Decree-Law No. 84/2021 on the sale of consumer goods and associated guarantees), the seller is liable for any lack of conformity that becomes apparent within three years of delivery.
For the first two years after delivery, a presumption exists that the lack of conformity was already present at the time of delivery unless the seller proves otherwise. The burden of proof therefore rests with Conforama.
A claim of “accidental damage / external pressure” requires clear and objective evidence. In this case:
No evidence of external impact or misuse has been produced.
The physical placement of the television made such impact highly improbable.
The only documented pressure applied to the screen was that exerted by the manufacturer’s technicians during their inspection.
Consequently, the denial of the legal guarantee appears to shift the burden of proof improperly onto the consumer and fails to meet the evidentiary standard required under Portuguese consumer law. We believe, the defect should be treated as a lack of conformity for which the seller remains responsible.
I kindly request DECO’s assistance in assessing the case, intervening with the seller, and supporting the enforcement of my statutory rights to repair, replacement or appropriate remedy under the legal guarantee.
