Acer Aspire 6930G Blu-Ray Laptop 16" Core 2 Duo 3GB NEW 3 MONTH WARRANTY??

[spuddly]

Hi all,:-)

I have this situation .. I boughtan Acer aspire 6930g from Ebay seller on 16th january this year for my daughter and recieved it ok .

All went well until 15th April when she came to me with a fault appearing on the main screen it looked "cracked" and was not getting any smaller so i contacted the Ebay store G&D SUPPLIES i purchased it from explaining the situation.I sent them this E-mail on17/04/11,

 

Hello Keith,

I bought this from you earlier this year for a present to my Daughter 16/01/2011 and unfortunately it is now faulty, upon opening the lid, the screen is either pix elated or cracked i do not know which?. I have supplied a picture for you to show the fault. As far as i am aware it should still be under manufactures warranty.

Will i be able to return it to you for repairing and returning back to me.:?:

Please advise .

 

Regards

MR G Broadhurst

 

I then waited for a reply....Nothing ,so i waited and ended up forwarding the message again on 2nd May,

 

 

 

 

Date: 17 April 2011 10:37

Subject: eBay item #110633006486 Acer Aspire 6930G Blu-Ray Laptop 16" Core 2 Duo 3GB NEW

To: [email protected]

 

 

Hello Keith,

I bought an Acer Aspire 6930G Blu-Ray Laptop 16" Core 2 Duo 3GB from you earlier this year for a present to my Daughter 16/01/2011 and unfortunately it is now faulty, upon opening the lid, the screen is either pix elated or cracked i do not know which?. I have supplied a picture for you to show the fault. As far as i am aware it should still be under manufactures warranty,and also as it is coverd by the Sale of Goods Act 1979 which gives minimum 6 month guarantee then i would expect either a refund , replacement or repair.Please reply to this e-mail in the next 3 days as i have not yet recieved a reply to my last e-mail sent 17/04/2011.

 

 

Regards

MR G Broadhurst

 

and waited...Finally a reply!!!!!

 

 

Hi

sorry I only offer 3 months warranty please see my return policy

thank you keith:mad2:

 

This is the link to the laptop..http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=110633006486

Any suggestion coures of action would be extremly helpful.

At the moment i have insured it with protect your bubble ,com but i dont really want to go down this avenue as i believe the main solution is right in front of me but i dont know where i stand.

 

Regards

Spuddly

 

[perplexity]

Remind the seller that Section 11 of the Sale of Goods Act applies, whereby a breach of a contractual condition (e.g. the implied condition of fitness for purpose, as per section 14) may be treated as a breach of warranty.

 

You may also inform the seller that it is a strict liability criminal offence, to mislead the average consumer about the consumer’s rights or the risks he may face. The Consumer Protection from Unfair Trading Regulations apply.

[rebel11]

Hi spuddly

 

Have a read of the OFT Guide

on SOGA. Number 10 in my signature.

[spuddly]

wow thats great rebel 11 ..Many thanks.

However i am still unsure? does his stated 3 month warranty put a limit on his responsability to repair, refund or replace ? .

Does the 6 year overrule whatever the retailer is offering ?.

My next step is crucial as my reply would have to have some impact when they read it and i am not that good in putting my point across (i was hoping for some help in drafting up a letter/e-mail) in this area.

Thanks

Spuddly

[perplexity]

does his stated 3 month warranty put a limit on his responsability to repair, refund or replace ?

 

To the contrary, it is a strict liability strict liability criminal offence, for the misleading action of a trader to cause or be "likely to cause the average consumer to take a transactional decision he would not have taken otherwise, taking account of its factual context and of all its features and circumstances", in so far as the consumer is persuaded to believe that there is no responsibility when there is.

 

The Consumer Protection from Unfair Trading Regulations apply.

 

Does the 6 year overrule whatever the retailer is offering ?.

 

Except where the Sale of Goods Act says "unless otherwise agreed", a trader's terms never supersede a statutory right or duty, and would have to be fair in any case.

 

The key to this is provided by Article 5 of the relevant EU Directive:

 

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

 

You are entitled to treat that as if it were the law of the land.

 

There is plenty of advice elsewhere as to how to send a letter before action, or whatever else you intend to communicate. It is then a call that you have to make for yourself, according to your own assessment of the seller's intelligence, trustworthiness and capacity to meet a demand.

[rebel11]

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange, it's about halfway down.

[perplexity]

I notice that moneysavingexpert.com subscribes to the "private seller" myth, that the rules change with private sellers. There is no such exception, nothing at all in the law to say that goods have to be sold for a living for a sale to count as a consumer contract.

 

If you want to know the law, read the law. A business includes "any undertaking in the course of which goods or services are supplied otherwise than free of charge".

 

The convenient source with regard to consumer guarantees is the EU Directive 1999/44/EC, where the rights and duties are cohesively laid out, not scattered about in various parts of statutory instruments. You may notice for instance that recital (2) provides that

 

... free movement of goods concerns not only transactions by persons acting in the course of a business but also transactions by private individuals;

 

Article 7 of the Directive is also commendably clear that

 

1. Any contractual terms or agreements concluded with the seller before the lack of conformity is brought to the seller's attention which directly or indirectly waive or restrict the rights resulting from this Directive shall, as provided for by national law, not be binding on the consumer.

[spuddly]

Hello keith, i contacted you earlier this year regarding the problem with my acer laptop i have since taken advice and although it is now july i have distance and consumer rights .Also where you offer a 3 month warranty on this item i believed it to be "NEW" as stated in the auction heading.My Consumer rights give me 6 months in the event of a fault and refering back to your returns policy.

 

."Unwanted Goods We want you to be satisfied with all purchases you make from Therefore you may return any item purchased from us for any reason within 14 days of receipt and receive a full refund for that item. All items returned must be in their original unspoilt condition, complete with all packaging and documentation. Please note that postage costs are direct costs and as such are the customers responsibility, we will only refund the purchase cost of the item(s) Faulty Goods In the unlikely event that you receive faulty goods from us then we will either refund in full or replace the faulty parts / item free of charge. Please email [email protected] to resolve your problem as quick as possible. I do offer 3 month Warranty on all my items . because 90% of the stock I sell on ebay are end-of lines ' I'm not to sure how you would stand on the 12 months manufacturer warranty"

 

What i require is the laptop screen to be repaired and all costs met by you.I expect a reply within the next 5 days

 

Regards

MR G Broadhurst.

 

I have sent today...

[spuddly]

Here is his prompt reply...

 

HI

sorry but I do only offer 3 months warranty on all items sold , new or used,

I do say that in my Return policy .

Kind Regards Keith

 

what next ???

[rebel11]

Hi spuddly

 

Give Consumer Direct a ring:- http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948