Bought a ASUS laptop last year for £700 from an online retailer. Out of the box all seems fine and shiny, notice something on the cover around the screen but not very noticeable; looked and felt like glue and dust residue from the protective film.
On the second week I went on a business trip with the computer and during the trip someone noticed that the 'something' were very minute scratches and not glue/dust residue. The computer also started to act funny, so as soon as I got back home I called the retailer about both issues (the laptop acting funny and the scratches) who passed me onto their repair agent and the laptop was sent for repairs.
The repair agent found an issue with the motherboard and that was covered by the manufacturer's warranty but the scratches were not. I discussed with the retailer but they insisted that I accepted and inspected the laptop in the 7 days given and if I did not spot the scratches then it is my problem.
What I have done now:
Since the retailer will not budge, I considered going to the small claims but instead I used Section 75 of the Consumers Protection Act with the credit card company I used. However, they have just replied back saying that no contract was broken...!?!?!
What I believe the law is:
Distance selling rules - I like the item and kept it after inspection period given, so no help here. But if the DSR period is over then the SOGA comes in to force.
Sale of Goods Act -
(1) The goods are 'faulty' and are not of satisfactory quality.
(2) The fault was discovered and realised within the first month, in fact, only two and half weeks so well within the 6 year period.
(3) I do not have to prove the fault was my doing as the goods were within 60 days - as I only wanted a repair.
The scratches are very minute and hard to spot on the glossy frame and you need to be really close to it and tilting it at an angle to actually see it let alone notice it, therefore it was ignored in the first instance. I asked the repair agents for a report of the scratches who also mentioned that the scratches were not 'noticeable unless you are looking for them'.
I wish to contact the credit card company once more before going to small claims, so I need help and practical advice. Please, please, please help me to find similar law cases, especially discovering faults after a time period.