New Computer has fault, i lose £20-Please help?

[bankhater10]

Hi there,
3 weeks ago i bought a brand new computer from a company called 'Arbico', i didn't get time to get home to use it for a week but when i did i found that the dvd burner/reader was faulty- it doesn't read certain cds or dvds that play fine in other dvd players or other computers, they offered to send me another dvd burner/reader and instructions as to how to fit it, i dont think that i should have to do this after spending over £540, plus, as im not very technical at all and being as this is a problem after only the first week i have lost confidence in Arbico and i want my money back.

I have complained to them and it took me a phone call every day for a week to get a reply and when i did they emailed this:
"Please note that since your request for order cancellation and refund was received after more than seven days after the order was originally received by you, you will receive a refund for the items less any shipping and credit card processing charges you have paid. There will be a charge of £20 for collecting the PC for its return to us or you may arrange the return of the unit yourself via a courier of your choice.

Please note that we are willing to replace your PC with a new one at no cost to you, so that you may have a perfectly operational PC. However, if you do not choose to have a new replacement PC then you are effectively cancelling the order unilaterally, hence the charges."

Please can anyone tell me is it fair for me to lose £20 for no fault of mine whatsoever?

And what sort of reply should i send them back? Should i include parts of the Sale of Goods Act'?

All help will be greatly appreciated...

[gadgetgirl79]

If it's faulty, you're entitled to a replacement, which they are offering you, so you should accept the replacement.

DVD burners aren't too hard to fit, so accept their offer, but only on the condition that should you have any issues fitting it, you'll be expecting someone to come round and do it for you!

[bankhater10]

Hi, yes i know that but, as i stated, i dont want to have to fit it or even accept their offer as i now have lost confidence in them and the pc so what i am asking is am i legally entitled to ask for my money back???

[Rob S]

Fitting the DVD player is a complete doddle and takes 5 minutes. I think the main issue is your reaction to this minor component failing. I am surprised you have lost confidence. I would be letting them send me the replacement part rather than rejecting the PC. If you then had other failures then that might be the time to lose confidence. But they have offered to ship a new PC to you which seems very reasonable behaviour by them. WHy not take them up on their offer and give it a try instead of reacting as you had over the failure of this one component?

[Conniff]

You could have returnd the unit during the first seven working days for any reason whatsoever and they are not obliged to refund the return postage as long as it says so in the terms and conditions.

You have a fault and want your money returned. Their responsiblity is to either repair, replace or to refund. They have given you a choice of repair or replacement.

The first option of you replacing the drive yourself would be the less inconvenient as you would not be with a pc while it is sent away. Their second option of complete replacement meets the requirement of the soga.

Sale of Goods Act Quick Facts

Subject: Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

If you accept the self repair option, you must get it in writing that you do so only on the understanding that it will not affect your rights under the soga or warranty.

[ForestChav]

By offering a repair AND a replacement on the item they have fulfilled their statutory obligations. A refund would be as a goodwill gesture and they have chosen to charge you for its collection.

DSAs don't apply now as you waited outside that time period to cancel the order. This is a prime example of when you get an item you should check it instantly, or as soon as possible, to make sure it works, that way you have more of the 10 days to decide what to do in a fault - you would then be able to cancel.

A replacement drive will sort this so either accept that (get them to do it if you can't) or courier a replacement at the same time as taking away the old one. They've been perfectly reasonable.

[gyzmo]

Distance selling DOES apply!

It specifically states that, where an item is returned due to breach of contract (e.g, SoGA), then no charge can be made for collection or whatever.

And dont forget the option of repair/replacement / partial refund is ADDITIONAL to the normal recission of the contract allowed subject to the acceptence of goods. I would argue that would be the best way to go if wanting a refund.

[ForestChav]

Originally Posted by gyzmo

Distance selling DOES apply!

Not if the item was purchased 3 weeks ago.

Originally Posted by bankhater10

Hi there,
3 weeks ago i bought a brand new computer from a company called 'Arbico',

Originally Posted by gyzmo

And dont forget the option of repair/replacement / partial refund is ADDITIONAL to the normal recission of the contract allowed subject to the acceptence of goods. I would argue that would be the best way to go if wanting a refund.

Yes, but that really depends on if the "reasonable" time SOGA states for having accepted the goods is three weeks...

[Conniff]

The op has had it for 3 weeks so he will be deemed to have accepted the goods under DSR.

So he now comes under soga.
There is a fault and he is entitled to either refund/repair/replacement within the 'unspecified' resonable period.

The refund comes into play if the other two would prove more costly. In this case he has been offered repair (allbeit self repair), or replacement, so the refund does not come into it.

The op says they want a refund because he has 'lost confidence' in the supplier. That supplier offered them the oportunity to replace the drive themselves so they wouldn't have had the inconvenience of being without the PC, (would be an extra and an offer for the convenience of the buyer).
He did not have to accept this offer and it was not a condition of restoration of use.

The buyer wishes none of the above and is attempting rejection even though the offer of a replacement completely without cost to the buyer has been made.

The seller considers this a cancellation of contract and has the right to not pay for return delivery costs.

Even if this did come under the DSR, the sellers T&Cs states (lawfully) that the buyer must pay for carriage return to the seller.

[robin9342]

I would accept their offer of a new replacement PC. Although its easy to change a DVD drive, the OP may have problems if another fault develops later and Arbico claim that the warranty has been voided because he opened the case!

[gyzmo]

Under DSR, where the return is under statute (SoGA), it categorically states that no charge may be made. Furthermore, there is no time limit on this. It would be absurd to say that a company cannot charge within the first week or whatever but may do so afterwards if the item is faulty. The right of return granted by DSR for, e.g, change of mind is separate to the right of return for breach of statute.

As for the acceptance, it was purchased three weeks ago but no opportunity arose within the first week to examine the goods. That leaves two weeks which can be within a timeframe for rejection. We also do not know at what point the OP contacted the seller. If it was the first day of teh second week, then that would effectively be cancelling it on the day it was received.

[Conniff]

You are getting DSR and SOGA mixed up gyzmo. DSR is to give consumers the right to examin goods before purchase, the same as you can in a shop, and return those goods if you don't want or like them for any reason.

The right of examination starts the day after the goods are delivered and ends seven working days later, not the next week or whenever because the buyer wasn't there or wasn't able to examin the goods.

Cancellation under DSR must be given 'in writing' within those seven days.

I'm not going into soga as you know that, and yes the return for a repair will not be at the buyers expense and it would appear the seller has not been asked to pay for this.

[gyzmo]

But acceptance still takes form in the usual way. The seven days is simply for "change of mind". For a return becasue of a fault, then it is as SoGA is. The main purpose of DSR is as you say. But then onwards SoGA takes over as it were.

But all that is an aside unless a refund is being sought. I persoanlly woould go for the replacement.

[jonnythehorse]

i know that this might not help, but does the burner read any discs whatsoever, as i have two burners and whilst both should be able to read all media the one that came with the pc could not read certain makes of disc, ie epro cd-rw but was fine with verbatim items it seems to be the same with my dvd player (for tv) and cd player (hi fi) that i use, but my second dvd/cd burner reads them all, also sometimes you need to have up to date firmware for said burner as sometimes the company that makes the pc might just not update it, so even if you do get a replacement burner it might not be able to read the same certain discs.
ive looked into this myself and found that players and burners dont always read/write to certain makes of recordable/re-recordable media, and ive never had a problem with real cds/dvds

[Alphageek]

Yes, not all burners will read and or write to all writeable media.

Is the drive a DVD-r, DVD+r, DVD-rw or DVD-rw?

You need to make sure you're using the correct type my blanks when wanting to write.

A lot of new drives will take both and this will be denoted DVD(plus and minus sign above each other)RW.

Some cheap writeable media are hopeless. Make sure you test it with Verbatim discs.

Also, all shop-bought CDs and DVDs should read ok in the drive.

[shywazz]

For the sake of £20 is it really worth all this, you bought a PC and the dvd burner isn't working to your requirements, you made contact with the company whom you bought this from, there HAVE offered a New PC in replacement, or your money back minus the postage costs, which is deemed reasonable, for the sake of £20 take there kind offer of a new pc and save al this back and thro trying to return the pc and get your £20 back, end of day you must have been tempted to buy from them as you spent over £500 on a PC
Chances are you wont use the dvd burner that much anyway...... take the offer of exchangement.........and make sure you test it within the week, that way any faults can be recified straght away...