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Breach of Terms and Conditions in Whatever Happens- Repair Time

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My daughter bought a Toshiba Iris 15F laptop 0n 11/8/13, togeter with a Whatever Happens Care plan.

 

 

She woks in South Ameroica as a consultant for a USA comapny working online.

The computer is her main work tool.

 

 

In Jnauary 2014 it developes a fault with the key board and keeps swtiching off.

She contacts PC world both by phone and email from South America,

she informs them she will drop the laptop in at PC World Wolverhampton, for repair.

This she does when on her 2 week vacation in July 2014.

 

 

The laptop is returned to PC world 4 days before the end of her vacation.

On collection she inspects it and it noticed that they have replaced it with the wrong keboard.

( its either Russian or some other lanuages as there are non UK letters on the shift keys and all the other keys)

 

 

On being told "sorry, we will replace the keyboard again, but you wont get it back before you leave for South America",

my daughter says I will have to work round it and return it for repair on my Xmas vacation.

 

 

On 21st December 2014 my daughter returns to UK and

on 23rd Dec hands the lap top to PC World in Wolverhampton for repair.

She is returning on 10th Jan to South America.

She is advised the laptop will be returned by 4th Jan.

 

 

On 6th Jan she is now informed laptop will be delayed as parts are required.

On stating she is leaving by the end of the week, and this is not acceptable she is told,

" the Terms and Condtions state that we (PC World) have 21 days to return the laptop.

That end date is midnight on 12th of Jan, after which we will issue a voucher for a replacement.

 

At approx 10am on Monday 13th Jan I get a phone call to say the laptop is now repaired.

BUT it wont be returned to PCWorld untill Thursday 15th Jan.

I inform they they are in breach of their T &Cs but

they inform me that travelling time is not included!

Nowhere is that in their Terms and Conditions.

 

 

On Thursdauy 15th I duly get a call from PC World to say the lap top has arrived in store.

I refuse to collect as I now say they are in breach of contract.

 

 

Despite speaking with several members at Customer Care st Know How who all say

that there is no actual term or condition of travelling time in the T&Cs

they refuse to issue a voucher as they say the machine was repaired in 19 days.

 

I state they have breached their T&Cs as it clearly states:

 

'In most cases we will repair your product first time.

In the unlikely event that your specific pproblem takes over 21 days to repair you may request a replacement product........

 

21 days repair time will start from - the date you book in your product for a repair at Currys or PC World.'

 

Do I have a case for taking them to the Small Claims Court for a breach of contract?

 

I have refused at present to collect the 'repaired' laptop from PC Worl as I feel this may invalidate any potential claim.

Your advice would be most welcome.

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Dodgy. "in the unlikely event that your specific problem takes over 21 days to repair ...."

 

 

It doesn't say in the event we fail to return your product by 21 days.

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t & cs states . In the unlikely event that your specificproblem takes over 21 days to repair, you may request a replacement product

 

to replace the laptop it must be at repair centre 'being repaired' and not complete.

 

and from 23rd dec to 13th jan, bare in mind xmas day, boxing day and new years day are official uk bank holidays, they have ''repaired'' within 21 days. and the delivery time scales are not included.

 

plus another key word to mention is ''request'' meaning it can be denied for whatever reason.

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