Faulty Laptop

[rflook]

Hi newbie here looking for advice.

Bought myself a refurbished laptop from PC World about 6 months ago. It then developed a fault (basicaly it would turn itself off randomly). I dropped it into PC World for repair as it has a 1 year guarantee and after 6 weeks they have managed to do absolutely nothing (apparently they have been waiting on a part). So I went in today and asked for a refund/replacement. The manager said he could only give me store credit. Well personally I dont really want to buy another one from them and I wont be able to buy one which matches my spec for the same amount of money.

So can anyone tell me if I am legally entitled to a full refund/replacement if i want it.

Many thanks in advance.

[Bookworm]

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

and

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

And really, every consumer should read this:

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[mutzi]

just read through those, probably most relevant is this:

3) Repair or replacement
The trader can refuse to agree to either of these remedies if it is disproportionate in comparison to the other remedies. For example, if you ask a trader to replace a washing machine then he would be entitled to turn down your request and offer a repair instead.
However, the repair or replacement must be carried out within a reasonable time and without causing significant inconvenience to the consumer. If this does not happen or the repair or replacement is not possible, then the consumer can rescind the contract (claim a refund) or request a reduction in purchase price.

[kennyc5150]

If they have offered store credit, ask them if this is because of the fault with the laptop.
if they say yes, you are legally entitled to a full refund as they have accpeted the goods are faulty.
(you are entitled to reject the option of a repair, irrespective of the goods being refurbished)

hope this helps!

[blitz]

Actually after a reasonable period of time (30 days with pcworld), the SOGA states you are not entitiled to a full refund, should the good be faulty or not, as you have accepted the goods. Though the post above (Mutzi's) states what you should do.

Q5. After the "reasonable time" has passed, what can I do?
You may seek damages, which would be the amount of money necessary to have the goods repaired or replaced. Frequently retailers will themselves offer repair or replacement. But, if you are a consumer (not making the purchase in the course of a business) you have the statutory right to seek a repair or replacement as an alternative to seeking damages.


http://www.dti.gov.uk/consumers/fact...page24700.html

[barracad]

Originally Posted by blitz

Actually after a reasonable period of time (30 days with pcworld), the SOGA states you are not entitiled to a full refund

The SOGA does not state that 30 days is a reasonable period of time.


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[kennyc5150]

Whatever PCW state as their "procedures" are only the co guidlines...they cannot overrule your rights as a consumer.
Where does PCW's 30 days = a reasonable time come from?, just curious, as it is actually 7, 14, 28 or 365 days (dependant on the product concerned) that PCW's returns policies refer to.(although the majority of the time they will stick to the 28 day option.

[blitz]

No the SOGA does not state a certain amount of time, and companys vary how long they see as reasonable which is when you have deemed to accept the product. The reasonable amount of time it should take you to notice a fault etc.

Whilst you can never forsee durability problems, you have accepted and starting using the product, quite a few companys take this reasonable period to be approximatly one month, when products are expected to last a few years. This reasonable period varys from company to company, product to product. (I took 30 days (was around there), from a friend who had a problem with a computer from them)

Q4. I know I can demand my money back within a "reasonable time" but how long is that?
The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account to be fair to all sides. The pair of everyday shoes may only have a few days before the period expires but a pair of skis, purchased in a Summer Sale, may be allowed a longer period by a court.


You have been using the product for six months, in my personal opinion you have had long enough to evaluate the product, and therfore accepted. Whilst the retailer still has to offer a repair or replacement (or damages to get this done) under the SOGA, they don't have to offer you your money back,




http://www.dti.gov.uk/consumers/fact...page24700.html

[watercooled]

A reasonable time can be anythng... When I spoke to someone at the top with regards to my laptop Savill vs PC world. They agreed that a laptop lifespan was 4- 5 years at least.

Again the people in store only do what they are told.. Think of all the people who actually believe them compared to the number that take it further

[blitz]

The reasonable period for a full refund is different from a reasonable period for how long a product should last.
The reasonable period for a full refund is the time it should take to try out the product and make sure it is free from defects at sale, also called an acceptance period, as when this period expires you have deemed to have accepted the product, and whilst you are still enititled to a replacement or repair, once accepted (generally one month), you are not enitiled to a full refind

[fuzzyfuzzy]

hi, im also new here and have took an Acer laptop back to comet that just decided it no longer wanted to work one day. The snotty man behind the counter tried make me sort it out under warranty, when i politely told him it was not my responsibility under the sale of goods act he got even worse saying "i know more about the law than you" etc etc anyway, he has arranged for it to be repaired, now basically i paid £500 for the laptop in january, i use it for university and actually lost some non important data due to the faulty laptop. Ideally i would like a replacement or refund as i have heard a lot of problems with Acers and incidently another woman was complaining about a problem with hers whilst i was there. i accept a refund is probably unlikely but what would be my chances of getting a replacement?

Also i now no longer have the use of my laptop for 28 days, the snotty man said a laptop is not an essential item (it is to me) unlike a cooker but what is the guidelines around the repair of it - do they have to have it returned within 28 days? if they dont what are my chances of saying i want a replacement/refund?

Sorry its a long one but any help will be really appreciated, thanks

[Gizmo95]

I would be interested in comments as tomorrow I have to go back to PCworld with my laptop and Advent - I took it in as it kept shutting down unespectedly they have replaced the fan - I asked them also to reformat back to factory settings which they have done so you would think that it would be like new. I have only loaded antivirus and office as I have exhibition today and sure enough half way through ppt presentation it shut down.

It is only 5 months old and was brand new when bought. When I spoke to a guy at their help desk he said that it would not be replaced it would only be replaced if beyond economical repair but surely I am covered under the warranty if under a year. I have pc performance too but I thought if faulty under a year it should be covered anyway it has been 2 weeks now since it was sent away which will mean another 2 weeks.

[Gizmo95]

I have just read this on their site so I am going in tomorrow to my store to resolve... but would still appreciate your comments as add ammunition.

If there is a fault with your product within 12 months of delivery (or other defect with your order),
we will normally offer a prompt repair, exchange or refund. We will always offer you the choice of
an exchange or refund if the fault occurs within 28 days of delivery.


To qualify for a refund or exchange the product must be:

+

+In otherwise in 'as-new' condition;

Complete with any accessories and free gifts offered with it (and, if possible, the original box and
packaging).

Please return the product to a PC World store or phone PC World aftersales on 0844 561 0000
(9am to 8pm Monday to Friday, 9am to 5pm on Saturday & 10am to 5pm on Sunday). If a fault
occurs while you are abroad, please contact us after you return to the UK.

This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
For consumable items (e.g. batteries, camera films, ink cartridges etc) the guarantee period is three
months from delivery.

If a pre-recorded videotape, DVD, CD, Minidisc or other software is faulty under guarantee we will
happily exchange it for the same title or refund your money.

Any refund due to a fault or other defect will include a refund of the applicable delivery charges.
We will also pay for our costs of collecting goods for replacement or refund if they are not taken into
a store. Replacement goods are sent by standard delivery only (i.e. premium services are not
available).

[labrat]

one pcworld comment and they dont like this being said

under pcworld rules the STORE must replace the laptop (note replace) if the the laptop is Under a year old and if its been away for more than 28 days...

that is in adition to your rights obviously but it is a store policy, advise them that under there own procedures they should replace the model, contact branch action line with a TN number and arrange for the old laptop to be returned to store rather than yourself