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Faulty Tablet and refused exchange

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Hey all :)

 

Looking for a bit of advice please. I bought a pre-owned Samsung galaxy tab 3 from GAME earlier this month (still have the box, receipt etc). After having no problems with it, the last few days it has started restarting itself randomly - this could happen after a few minutes of use or even after an hour. When it does restart itself, it turns itself off and cant be turned back on for 5mins or so.

 

Anyway, to me it appears faulty and took it back to my local GAME store today but was told that as its an intermittent problem, I need to take it home and then video it when it has a problem again.

 

Is this a usual thing? Is there anything I can do besides sit and wait for it to happen again?

 

Many thanks :)

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Is an hour the longest it has taken to start rebooting?

 

Sounds more of a software issue, is the software up to date?


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Under the Consumer Rights Act 2015 if a defect appears in the first 30 days then you are entitled to reject the item. This is known as the – short-term right to reject. You have to notify the seller in a form which is unequivocal and in that case the seller is bound to refund you or to replace the item – at your choice.

 

There is no need to prove that the defect existed at the time you purchase the item. This is simply assumed to be the case.

 

However, you will have to show that there is a defect. With an intermittent defect, you are in a very difficult position. I suppose it's a bit like going to the doctor only to find that when you get there you can't demonstrate the symptoms any more.

 

You could try to cover yourself by writing to them and notifying them that there is this defect and that you are asserting your short-term right to reject. Try to describe the defect in as much detail as possible. This may be enough to cover you later on in the day if the defect starts to become more frequent.

 

Videoing it is a very good idea – except that if it is an intermittent fault, I suppose that you'd have to be lucky to have the video on at the right moment. I'm not quite sure what else to suggest for this right now.

 

After the expiry of 30 days, and for the next six months, any defects which materialise are also assumed to have been there when the item was purchased. However, after 30 days the seller is entitled to have one opportunity to repair after which a refund or replacement has to be given. Beyond the six months, then you are down to the usual rules relating to sales of goods. I would certainly put it in writing that the defect exists now – with as much detail as possible. That way, anyway, if the defect starts to become more frequent later on and even beyond the six months, you at least won't have the problem that they might argue that the defect didn't exist at the time.


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