ECLIPSE computers - won't refund whats my rights?

[donna26]

Hi

We ordered a computer on the 29th July from Eclipse computers.

It was made to our specifications.

First we had to wait for a graphics card that wasn't in stock.

Then there was a problem with the motherboard.

Then it needed a different power supply.

We then got a phone call to say it was being shipped

Later that evening we got a call to say actually the monitor you want isn't in stock.

 

The computer arrived yesterday (friday), and we have encountered problems with it. Basically its not running at the speeds it should be (we paid for 3Ghz but its running at half that speed.) it looks like a configuration problem, like its not been set up properly.

 

My partner rang them to say we were goin to send it back as its not right, and they said we could return it and if it was a hardware problem they would do what was necessary but if it was a software issue, then we would be looking at an £80 charge for labour, plus costs to return it.

 

However, the quality control thing that came with the computer states that all this was tested prior to sending and it was working to specification, which is clearly not the case.

 

They are saying we are not entitled to a refund, I was just wondering where we stood in terms of rights.

 

Please can someone help?

[riget]

I don't know your legal rights, but I know a little about pc's and they now have a setting that reduces the speed of the cpu when full speed is not needed, this is to reduce fan noise and electric usage. So when you check in windows a 3ghz cpu will be shown at a reduced speed.

[donna26]

The option that you are referring to is the power saving one which has been changed for highest performance so it shouldn't be limiting cpu speed and plus, i have benched the cpu to see if this is th case and it is ony returning a maximum of 1.2 ghz back

[donna26]

I really need to know whether we are entitled to ask for our money back as it is not the computer specs we believed we were getting, therefore we have been sold an item that differs to what we should have got. We only got this yesterday, so surely there is some law or rights that allow us to return it for a complete refund.

[Jase1982]

You should do a google search for the Sales of Goods Act and read that. It covers anything you need to know about your complaint.

 

I believe that during the first 6 months, possibly 3, it is up to the seller to prove that the item is fit for sale and manufactured for suitable use. or something like that.

 

If you notify them of a problem and ask for a refund, they can't refuse. Also, the fact the timespan of receiving the defective goods and notifying the company is only a couple of weeks, so that should go in your favour. Also, I wouldn't phone and speak to them, I would do it all by letter as it's unlikely you will get to speak to anyone that has even heard of the sales of goods Act, let alone read it.

[donna26]

Just wondering also, what would happen if I returned the computer (which i have had a day!) and they kept the computer and DIDN'T refund my money? How would I go on with that?

[donna26]

the more i think about this the more worked up I am getting. I have taken pictures of the faults and screen shots etc, and i am worried we're gonna end up with no computer and no monies returned, what do I do?

[Jase1982]

If you return the computer, do so with some proof. Keep records of any correspondance in case it goes to court.

 

Definitely have a look for the sales of goods Act though....send the company a letter detailing the problem, informing them that it is your belief that an item was sold to you by them on xxxx date, and was unfit for the intended purpose. Quote the Sales of Goods Act at them...

 

"If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time".

 

I'd say two weeks is more than reasonable.

 

This page should answer your questions....

 

Sale of Goods Act Quick Facts - BERR

 

If they have a legal department, they should know and understand the law, if they don't then you will have to issue a claim through the small claims court.

 

Also, if the processor is running at half the speed, they should in theory be in a position to offer you some advice on why that might be....thinking about it, it depends whether a processor has to run at less than full capacity for it to not be considered 100% fit for purpose....I would suggest obtaining some technical advice from a professional before stepping up your claim.

[shathis]

hi....certainly consider Sales of Goods Act...but also look into Distance Selling rights and also new unfair comerciall practices law that came into effect end May...

 

also....if this is the same Eclipse computers based in Coventery (i googled it...) its in there terms and conditions

 

Quote : "7 Day Money Back GuaranteeUnder the Distance Selling Regulations you have a 7 working day cooling-off period starting from the day after receipt to cancel the order for all retail mail order transactions excluding trade/business transactions, all computers and items specifically built/assembled for you, delivery charges*, unsealed software or movies and perishable items.

 

*The Delivery service is contracted-out to a third party courier and is a separate contract that is deemed to have begun and been completed before the end of the cooling-off period, this excludes our standard 3-5 day delivery service.

 

To return goods you must send us written confirmation within the cooling-off period. You will be responsible for the cost of returning the items (or our costs for collecting them) and they must be returned complete and as new as otherwise a handling charge may apply at our discretion . "

 

Fair enough its says that specifically built for you is exempt....but if its not fit for purpose or working then i would assume this would be open to your statutory rights...

[gyzmo]

1. THE DSR 7 day return will probably not apply as its a made to order item.

2. Your claim is under Ss. 13 and 14 of Sale of Goods Act - not conforming to descrption and not of quality required.

 

3. Ignore the CPUT regs - they are for enforcement and not for breach of rights (I'm getting fed up having to say this all the time).

 

As said before - you need to write in. You are probably just within the time for getting a refund, especially with all the toing and froing.