PC World Won't Repair/Refund After 28 Days

[Bill Gates]

Hi all,

I just took my faulty printer back to PC World today. I bought it on the 8th March, so it's not even 2 months old yet. The fault isn't down to me.

Assistant told me that they won't refund or repair it because it is out of their warranty period which is 28 days, so I need to contact manufacturer.

Is this legal?

As I understand, Under the Sale Of Goods Act, if a fault appears in the first 6 months I'm entitled to a repair or a replacement from the RETAILER, not the manufacturer.

Are they legally entitled to fob me off to the manufacturer less than 2 months after I bought it?

THANKS!

[demon_x_slash]

No, they are not allowed to fob you off. The warranty period has nothing to do with the contract that was formed between you and the retailer, it is supplied from the manufacturer. You don't have any dealings with the manufacturer; the retailer has a duty to first, offer a repair, and if the repair is not satisfactory, then either a new item or a refund. The six-month period is for burden of proof: basically, if the item goes wrong within the first six months, the onus is on the retailer to prove that it is the customer's fault. After the six month period, then things like wear and tear come into play and an investigation of the item would probably be necessary to determine what went wrong with it.

To recap, PC World are obliged to offer you a repair; failing that, a new printer or a refund. Legally obliged. Don't let their poorly trained, extended-warranty-commission staff tell you otherwise. Demand to go higher up if you get no joy. If the manager's a horse's bottom, then it's letter-writing time. Come back to us and let us know.

[Bill Gates]

Thanks Demon. I thought that was the case. The Manager I demanded to speak to after the assistant was very dismissive. I asked him if he knew the Sale Of Goods Act and he said yes.

Asked for his name and the Head Office. Phoned them up before and the phone operator said I was correct and the Manager should have offered to repair it. She phoned the store up in order to speak to the Manager but it was near closing time and got no answer.

She said she was going to follow it up tomorrow and call me back.

[therafalution]

A friend of mine works in IT and he won't even buy a pack of paper from PC World, says the staff haven't got a clue. Aaah but the adevert....

[gyzmo]

PC World and the likes are notoriously terrible for things like this. I refuse to buy anything from them because I know if anything goes wrong, I will have a fight on my hands. They seem to think that one of their 2 day training courses counts more than a 3 year degree in consumer law.

Call the department back and make sure you get a reply. It will also be worth writing to this person, quoting the telephone conversation, and make it clear (in a nice way) that you expect a repair / replacement / refund, else further action will be taken.

Don't even bother trying to communicate with the shop staff - what they do know of consumer law could be written on a postage stamp.

[Bookworm]

And a second-class one at that.

OK tell me if i am wrong. the shop has to find a remedy which solves the problem within a certain time without costs to the customer and without too much inconvenience. (that paragraph was sarcasm not a question)

telling the customer to go to the manufacturer is a remedy. i dont think the pcworld guys know how to dust out a printer let alone repair anything.
manufacturers are the only fully trained people to fix it. they have the parts ready and waiting and you dont have to even leave your home. they come to you.

i think that legally covers all bases

if something went wrong for me, id call the head office to ask their procedures. for 1 its a phone call, alot cheaper then petrol. 2 by having their head offices involved from stage one is great ammo.

stores cant repair things there and then.
from experience and from asking judges in small claims,
(yes i know of 3! before you start arguing)
they all say that a customer can use the manufacturers gurantee to remedy the issue. and stores can ask the customer to use the manufacturer too as it is classed as a remedy.

they can get whomever they want involved as long as it solves the problem withing reasonable time, least inconvenient and without cost to customer.

but these are 2 things the retailer CANNOT do
1. Charge the customer for a repair where it is proved faulty and not reimburse them.
2. Don't offer an alternative repair, replacement, or refund remedy if manufacturer or their other repair options wont deal with it.

The retailer CAN ask you to pay for a repair or inspection. BUT if this is then proven as fault from purchase the retailer has to either not charge or reimburse the costs.

manufacturers gurantee's do not affect your legal rights. its a law that all manufacturers have to state this. going to the manufacturer will not affect SOGA at all.

all comments about retailers lack of responsibility are not 100% valid until after 12 months. from the many threads, each comment is that the retailer has asked you to go to the manufacturer.
to me id prefer this.
1. i wouldnot trust PCWorld staff with a printer for 5 minutes.
2. i dont want to leave it with them and pick it back up in a couple
weeks because i live 30 miles away (60 mile round trip) (120mile totla to drop of and pick up)
3. for pcworld to fix it or get their techguys involved is a waste of 48hours to book the techguys and another few days to get the part. lexmark have a next business day swap over policy.

honestly, what would you prefer??? pcworld or lexmark??
comet, currys, argos, and other retailers all use the manufacturer as a remedy.
Always seek advice from the companies head office first but do not go instore.
they are not repairmen so demanding a repair is like asking mike tyson for his mums telephone number and bra size

[patdavies]

Originally Posted by retailpointofview

telling the customer to go to the manufacturer is a remedy.

yes it is a remedy; just not a lawful one. Going to the manufacturer on the customer's behalf would be lawful. In law, it is absolutely the duty of the retailer to rectify - not just tell the customer to go elsewhere.

Originally Posted by retailpointofview

they can get whomever they want involved as long as it solves the problem withing reasonable time, least inconvenient and without cost to customer.

Absolutely, they can get whomever they want involved

Originally Posted by retailpointofveiw

manufacturers gurantee's do not affect your legal rights. its a law that all manufacturers have to state this. going to the manufacturer will not affect SOGA at all.

But if the customer goes to the manufacturer and the unit is swapped, then the customer loses all rights under SOGA with the retailer as the item is no longer the one sold

Originally Posted by retailpointofview

honestly, what would you prefer??? pcworld or lexmark??

Despite the terrible service if PCWorld etc, the answer has to be anything other than Lexmark - whose products are sh*te

Originally Posted by retailpointofview

comet, currys, argos, and other retailers all use the manufacturer as a remedy.

As they are entitled. They are not entitled to demand that the customer does.

[gyzmo]

Well said PatDavies. The point expressed by retailpointofview is whether or not you would want a bunch of incompetents to deal with a problem, not whether they are required to or not, and that does not address the issue which is that some retailer's tend to shirk their legal responsibilities at whim.

The best way of enforcing your rights is to go to a company that respects them. PC World is not one of them.

[rosiecotton]

I totally, 100% agree with what Pat has said and there's no need to say any more.

i think this website is purely a money maker. people here know that retailers want follow through to the end in a law suite because of costs etc. and so they prefer to push buyers into sueing and claiming against retailers for something that does not have to get that far.

this website should advise other methods to get the product/issue sorted not claim claim claim.

the seller does offer a solution but it is the buyer who rejects that solution.. WHY

it will get it fixed within days. compared to a court case taking longer. WHY

where is your sanity people.

manufacturers dont affect your legal rights. meaning its not breaching SOGA. so why try taking retailers to court!! WHY

[demon_x_slash]

Originally Posted by retailpointofview

i think this website is purely a money maker.

Precisely on what do you base that? You think we're all really twelve people sitting behind a desk getting paid? You think this site survives on anything but voluntary donations and often the mods' own pocketbooks? Give me a break.

this website should advise other methods to get the product/issue sorted not claim claim claim.

This site does not advocate vexatious claims. I believe in fact that it says time and time again in the bank FAQs, for example, that one should only proceed to claiming once all reasonable avenues have been explored. What on Earth do you think the Small Claims court is for? In case you're not quite sure, it was designed to allow the layman, the commoner, i.e. you and I, my young friend, simple and straightforward access to the court system and legal process, and ultimately, justice.

the seller does offer a solution but it is the buyer who rejects that solution.. WHY

At no point has anyone said to immediately reject the seller's offer, full stop, no questions asked. The consumer has the right to choose to use an independent repairer if they have lost all faith in the seller's ability to remedy the problem (PC World is a case often in point). For example, if the seller had attempted to repair the item in question before, and failed. In those cases, the seller is liable for costs incurred. In all other cases, it is the seller's responsibility to arrange the remedy, to pay for it, to see that it gets done. Capiche?

it will get it fixed within days. compared to a court case taking longer. WHY

Because your legal right is being subverted? Because then retailers will have no incentive to obey consumer law? For your own backbone? Jeez.

manufacturers dont affect your legal rights. meaning its not breaching SOGA. so why try taking retailers to court!! WHY

If you go directly to the manufacturer and they replace your item, it is a new item. You have received this new item from a manufacturer. It is no longer covered by the SoGA. The retailer is obliged by law to fix it for you, or else arrange to have it fixed on your behalf. How much more simply can I put this?

[Zamzara]

Originally Posted by retailpointofview

telling the customer to go to the manufacturer is a remedy.

No, it's doing nothing, and telling them to try elsewhere for someone who gives a ****. Hardly a 'remedy'.

so lets say the buyer is not happy with the repair which the seller has provided and by your own words goes elsewhere. they are legally entitled to go elsewhere??
hmm but it is not legal for the seller to tell you that you can go elsewhere. or even offer you a place to go? thus skipping a stage in the benefit of the customer because it actually reduces the waiting time by geting external parties involved.

it is only illegal for the seller to offer no solution at all or to tell the buyer they have to pay even if the issue is classed as fault from purchased. offering a fast effective soltion is good customer service.

where large retailers fail is in the training to explain this

but from my understanding offering you to go to ____ to get it repaired in under 28 days or to do it inhouse taking weeks is a solution which satisfys all areas concerning reasonable time and least inconvenient.

hang on you saying the buyer can or cant legally go elsewhere? pcworld stores cant repair them instore so the only thing they can offer is one of their own external engineers and a wait of many days or weeks for the parts from the manufacturer oh wait the buyer wont be happy waiting weeks for parts. so whats the next best solution the customer goes elsewhere.
so answer me again. can the customer go elsewhere if they are not happy with a retailers inhouse repair.

if so if legally the buyer can go elsewhere then wouldnt the manufacturer be that choice, fastest, easiest, and least inconvenient.

yes legally the store can attempt to fix it taking weeks and then you get it back but aint it also great service by suggesting a way to get it fixed in days not weeks.

i mean aint the manufacturers got the most knowledge of their own product, a warehouse of spare parts etc and also it not costing the buyer a penny upfront so no need to go to court to claim back costs??

ontop of that the manufacturers have to legally state they dont affect consumers rights. doesn't this also include SOGA or does the manufacturers law say "please state that manufacturer services and warrentys dont affect consumers rights.. apart from SOGA"??

i think you find it covers all rights

would joe bloggs down the high street repair centre be covered or would it affect the buyers SOGA rights.

so i am just trying to get this straight. if the buyer can go elsewhere to get it repaired and then get costs recouped from the seller later as long as the repair is to the same standard as the original manufacturing process. then wouldnt getting the manufacturer to do it be the best solution. instead of making it unreasonable for the customer to wait for the parts and inconvenient for the customer aswell??

oh also to add as a bonus for you lot that have not worked in retail. if the manufacturer cannot repair the product they contact the seller and tell them to either accept the new product or for the customer to return the the seller for a replacement.

Oh dang by the seller accepting the replaced product keeps SOGA intact or by the customer returning to the store after the repair has failed for a replacement also keeps buyers soga rights intact.

all pcworld are offering is a fast solution. maybe they should word it like this

"our repair guys need to get hold of the parts, which should be here by nextweek, they will then repair the product and then you can come and pick it up in about 28 days is this OK?".. "if not you are legally allowed to go elsewhere, id suggest the manufacturer as they do not affect your legal rights and because we have a communications avenue with them, unlike highstreet repair guy down the road they will inform us if the item need replacing"

id suggest you need some life experience ontop of your study's of law

[joe1965]

I think you will find that if it is under 6 months old the consumer has the right to ask for a replacement rather than a repair & it is up to the retailer to sort it out as they were the one's who sold the item, not the manufacturer who had already sold it on to the retailer.
Retailpointofview, people on here are not after claiming or suing for everything they can. They are just sick of banks and businesses treating the consumer like s**t and ripping them off for whatever they can. If they don't obey the law then with the help of this site and others like it, the consumer will find out what their rights are and stop the banks and businesses using their ignorance as a way to fill their pockets and get out of their responsibilities.

[Bill Gates]

Just to update you guys...

I had phoned up PC World's customer service and told them that the Manager had refused to even look at my printer or offer a replacement - quoting the 28 days crap.

Customer Service said this was wrong and they should have looked at it. They phoned up the store and explained this to a guy called Chris. Phoned me back and told me everything was sorted and to go back to the store and see Chris.

Went into store today and asked for Chris. Told him who I was and that he should have been expecting me. Blank look from Chris. Explained to Chris that I came into the store last week blah, blah.... and that customer service had told me that he was aware that PC World needed to take a look at my printer.

Another blank look from Chris who then spouted off the "it's after 28 days so the best we can do is send off the printer to Cannon and that will take quite a while..."

"No - NO Chris! That ISN'T what Customer Service told me!"

Another blank look from Chris, with a touch of bemusement thrown in for good measure.

Decided to phone up customer service. Quoted reference number to a very nice guy called John, who quickly got up to speed with the case so far. Handed phone to Chris.

After a couple of minutes of him nodding and mumbling, he sheepishly takes printer off to backroom to have a look at it.

HURRAH!

Comes back after a few minutes and announces that the problem is that the printer isn't recognising the non Cannon ink cartridges. If I install Cannon's ink