Argos Faulty Laptop

[timethrow]

Hello, I recently purchased (23/12/09) an Acer Aspire One D250 from there catoulouge and it was working fine till the 14/01/10and so yesterday 16/01/10 it would only display the green power light and therfore would not start up so not being that technical minded i went into Argos and spoke to the duty Manager who said "Due to the fact that there is a Screw missing and Scrathes on another Screw you will NEVER be able to get a refund and i HAVE to send it off for repair which will cost you upto £100" and i was very annoyed but i did not let him see that and i then said "Since this item is less than 6 months old and is Faulty as you can clearly see i Demand a FULL refund" in which told me then that it is my fault as i have supposedly invalidated the warranty by supposedly opening up the back compartment.

 

What can i do, Thanks

[timethrow]

Sorry forgot to mention

 

1. I have never opened it up and have no clue as to what is there

2. When i got it the lady opened it before i had a chance to see if the seal was broken or not

3. The Screw may have never been there as it is not something i would check for

4. The Marks on the Screws could be from the factory the surface it was on anything.

 

thanks

[blitz]

Hi, I am going to introduce myself rather then hide behind anything, in which I am the Duty Manager in question. I am going to question your side of events. (Either that or its a coincidence of events that happened to me in my store yesterday)

 

Firstly a refund has not been refused outright, as there was evidence of the product having been opened at some point the product has been sent off to be inspected. I informed you that sending it away does not effect your statutory rights in anyway and should it come back as an inherent fault your rights for a refund still remain (As you may reject the goods under SGA 79 ss35).

 

Secondly a warranty has not been voided, I work with laptops, computers both software and hardware, I know what too look for, the types of scratches on screws, and there was a screw missing. There was also a partially opened panel on the back which was pushed back down. This was pushed down with a slight amount of pressure, which would have usually happened from general use. I don't see opening the back as a void of warranty myself, if the product still had an inherent fault it is something I would still honour via the SGA. It would however still have to coincide with the SGA regarding using the product with regards to the instructions provided.

 

Thirdly (and this is where we can see if you are my customer), as the repair system on the computer was not functioning, I did have to mention that you agree you have not damaged the product yourself, have used the product in accordance with the manufacturers instructions and accept liability otherwise. Should a charge come about the customer is ALWAYS informed first, otherwise the product will come back to you, a figure was never mentioned, as to be honest I have no idea what something like that would be!

 

The outcome of what to do with the product was also changed from a Refund to Repair whilst in the store. Should it still come back repaired, due to an inherent fault I will still honour a refund for the product.

 

Whilst you are entitled to a full refund under the Sales of Goods Act 1979 (ss35 acceptance) we still have the right to send it off to determine the fault. It is something we will usually do for high value items, the product may have been sold without the screws etc, taking the SGA into account it is something that can be assumed unless we have evidence otherwise. However due to a screw missing, I have sent it away to check it is an inherent fault, something we are by law allowed to do.

 

If you do have any queries don't hesitate to ask, I have flagged this thread for a couple of people to take a look at in order to provide an unbiased view on your rights.

 

Sincerely

 

Dan

[buzby]

Stores DO retairn the right to decide whether an item should be refunded or repaired, it is not within the gift of the consumer to decide one or the other.

 

There is clearly a dispute over the goods themselves, but after 14 days, with a scew missing and scratches, the probability that these were caused post-sale would be greater, as Acer's QC is pretty good, and as this was Grade A stock, no issues as described were notedd by the purchaser prioer to the complaint being made - making it likely that an attempt to repair (check for fuses) would have been a possibility.

 

A diagnostic check of the unit will identify the problem, and if a genuine fault in service, Acer will most likely arrange for a new replacement as a matter of goodwill. However, if dampness or other systemic issues will prevail, then a repair can be rejected due to abuse, and a caim required under your own household policy.

 

Under the circumstances described, I think the shop has acted fairly, and hopefully the resolution will be fast and in your favour.

[Conniff]

Of course, the problem with anything like this is, was all the facts as told to the customer understood correctly and then copied faithfully here. It is so easy to be swayed one way or another by what is posted.

 

There is no reason to disbelieve anything you have said blitz and it is very admirable that you have identified yourself.

 

If, (I can only use the word 'if' here), the story is exactly as told, then the store would appear to have done all that is required by the regulations and not denied, or attempted to deny, the customer any of their rights under soga, but did in fact point out that sending it away does not lose them the right of a refund which is the stores decision to make along with replacement or repair.

 

Naturally you, even as a gesture of goodwill, cannot just take the complaint at face value and have sent the machine away for inspection. Any knowledge you may have of computers is not really relevent and is only an aid to you being able to offer more to your customers while still remaining loyal to your employer to whom your first priority lies but without diminishing customer services and customer rights.

 

I would like the op to remark further on where he/she thinks the £100 was introduced into the conversation.

 

It's unusual, but not impossible, that parts were omited during production as it is also possible that it is a past return from somewhere else that has been repaired and reboxed.

 

Your ultimate decision on how you conclude this will depend on the report sent to you by Acer.

Edited January 17, 2010 by Conniff

[timethrow]

Sorry Blitz are you the person i spoke to at Yeovil Babylon Hill Argos or have you confused me with somonelse.

 

P.S Waht Collour was it if you are the person as mine is Red.

[blitz]

Seems like it really is a coincidence, and as such apologises. It does therefore seem that there are a couple of laptops coming out like this and as such will outline your rights (Which are posted in my post).

 

Should the product turn out to be an inherent fault, regardless of if it is repaired or not you retain the rights to reject the goods under the sales of goods act 1979. The store cannot restrict these rights or override them.

 

I'll give Yeovil a call tomorrow to establish if its the same model, and await what acer/repair agent states from my customer.

 

As a note I work in Guildford, to help clarify any issues there.

[labrat]

sorry blitz i get so few messages i seldom check them, however i promise i will check them more in future.

 

as a laptop repair agent i can state that screws often go missing, no specific model but i can state that some acer models have that happen.

 

as for the pushed in cover i cant comment i have repaired acer ones but unfortunatly mostly for broken screens, if i get any more ill check the covers for you. i may have one at the min i will have to check when i get back to work if i have or not.

(as an aside i beleave the place i currently work for may be bidding for your repair contract soon)

 

as a personal opinion you are ALWAYS entitiled to send it off for a second opinion the sales of goods act does NOT provide for an instant refund. although in some ways the customer is right that as its under 6 months old its down to the retailer to prove that the item was not at fault.

 

again im sorry for not replying sooner, im on the forums ussually at least once a day, i WILL check the messages repeadly in future

[blitz]

Just as an update I have spoken to Yeovil today. Unfortunately the manager who dealt with this issue on Saturday is off today, awaiting to hear an update from him before looking into the situation further.

 

The laptop (I assume) will still be sent off to the repair agent, and I am sure yeovil will contact you when it is in. The store manager there is aware of the situation there and in my store, we will try to keep you updated.

 

Also due to it being from another store, be aware that the decision comes down to them and not myself, I can only speak on behalf of the customer I have dealt with

Edited January 18, 2010 by blitz