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    • In terms of whether or not this is a private sale, clearly it will be for a judge to decide. It seems to me that we have somebody here who bred a litter of puppies and has sold several of them or all of them at probably around £1200 each. I think that is very different from selling your own private second-hand car to get what you can for it in order, for instance, to buy another one. Anyway it's for the judge to decide. In terms of whether or not the seller is aware of the defects – if they are a private seller – all it really means is that they are not subject to sale of goods legislation so that a purchaser in a private sale does not have specific protections. After that you have to fall back onto the common law of contract and once again I think that the liabilities are reasonably strict and I still think that even in a private sale if you bought something with defects which was represented to you as being without defects then you would probably have a good case. In this case, the dog has been accompanied by a health certificate and I think that is as good as any kind of representation dog is without defects. I think we are coming to an altogether more interesting issue. Apparently the dental defect with this puppy is observable and could have been detected by any reasonably careful examination carried out by a reasonable professional. But apparently also there is the possibility that there may be a more complicated problem which could be addressed by work costing up to £2000. What I'd like to know is whether this more complicated problem is as a result of the failure to spot the initial problem. Even if the initial problem had been spotted, with this still be a possibility that this more complicated work would be necessary? I suppose what I'm getting to his that at what point does one decide that a defect is an unacceptable defect or simply a risk that comes with purchasing all animals and therefore could still be considered as "satisfactory" because it would meet the reasonable expectations of any reasonable pet owner. To put it bluntly: are we saying here that if you buy an animal is less than genetically perfect, that you are purchasing defective goods and you are entitled to a refund? Does this mean that all animal traders are obliged to ensure that all the animals they sell are genetically perfect? This is dangerous territory: eugenics.  
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    • I think I still remain to be convinced that a court would not find the seller's offer to take the puppy back and give the OP a full refund both reasonable and acceptable.   Ignoring that this is the sale of a puppy, isn't this more akin to the private sale of a second-hand car?   I don't really know what the phrase:  "I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business" means.  Is this a business to consumer sale, or is it simply the opportunistic private sale of puppies from a domestic litter?  I think the OP needs to establish this because it's not clear to me - yet.   AIUI, if I as a private individual privately sold, say,  a car with umpteen non-apparent faults or defects with it, but I was honestly unaware of them and could not be expected to be aware of them, then I'm not liable for any breach of contract when those faults and defects manifest themselves to the buyer a week later.  Isn't that what worried private sellers of cars are told here when aggrieved purchasers threaten to sue them?  It's not immediately obvious to me why this is necessarily any different - unless this is clearly a business to consumer sale.   The OP also says:  "Our puppy was sold as having passed a full health check from Vets4Pets", and so far as I can see this isn't disputed.  Unless that health check revealed the dental problem the OP is now complaining about, but the OP never was shown it (seems unlikely that the seller would mention it but not make the results available), then I think the seller may well be entitled to rely on it.  What more could they do to ascertain the health of the puppy?   I think this is not necessarily a clear-cut claim, and from the way the OP describes the breeder I think the question whether this is a consumer sale or a private sale may not have a black or white answer.     1.  The OP mentions following advice to buy puppies bred from a "home pet" (or similar such wording).  Not clear if this was the case here, but if it was, doesn't this suggest a private rather than consumer or trade sale?   2.  The OP also suggests that the health of the puppy was misrepresented, but is this necessarily correct?  They say the puppy was advertised as having had a "full health check", but that's not the same as saying the puppy was actually healthy.  And if it was a private sale, is the seller required to declare health problems they are aware of if they aren't specifically asked?
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Piper79

Currys/pc world can I return for refund?

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Hi

bought a computer for my daughter 4 days ago from currys/pc world.

It was described as a social computer which means just basic use.

I said thats fine she's only 11 so as long as she can play basic games and watch you tube that's ok.

The assistant said yes.

 

got it home and it was absolutely terrible.

I think it took 6+ hours for all the updates,

not sure exactly on the time but went to bed and left it on overnight.

 

 

The next day my daughter put it on it did even more updates for half an hour and on the left side of the screen a name popped up (something??) whatmann?

I just had a feeling it had been used before (was sealed when bought though).

 

 

she managed to just add a desktop pic and couldn't do anymore because it was that slow.

I decided to take it to my sisters house incase it was down to my Internet running slow, so tried again there.

 

 

We could barely open a page without it freezing, took about 15 mins trying to open 3 tabs and wouldn't close them straight away either also YouTube was buffering so no music either and the front speakers set at 100% played at about 20/30%.

 

Checked reviews later and they were all terrible,

I've looked online about taking it back and people have all put their experiences saying they won't refund as item open and used,

but if I didn't open and try how would we know.

 

 

I really don't want to be stuck with this as it won't be and can't be used, I genuinely think it's faulty.

Does anyone have any advice on my rights with returning it?

Thank you.

 

Packard Bell

All in one

4gb ram

500 storage

Hard drive

£329 down to £249

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If it is faulty, you can return it.

If it was misdescribed (based on facts), you can return it.

Where it gets difficult is if it isn't faulty, and hasn't been misdesecribed / misrepresented, but becomes a matter of opinion as to what a 'basic', 'social' PC should do.

 

Probably the key issue is why it is slow.

 

In theory it meets the minimum spec to run Windows 10

https://www.microsoft.com/en-us/windows/windows-10-specifications

although this only means it could run Windows 10, not will run it at any reasonable speed.....

Needling to do lots of updates : not a reason to return the PC, as any replacement will also need the Windows updates. You need to look at its speed / performance once all relevant updates are done.

 

Youtube buffering? You need to establish if it is the PC that is the issue, or youtube/the internet connection. Again, you can't reliably do this while performing updates....

 

This PC has a AMD E1-7010 Processor, which might be the cause of your woes, if you are placing too much demand on it.

It also only has 4Gb of RAM, which again may be the cause of the woes. If the RAM is fully utilised it may have to use a 'swapfile' in place of RAM, which will lead to data being written to the hard drive all the time. If this is this case you'd heard the hard drive working constantly.

 

Malware might be a problem too, so if all else fails scan it with malwarebytes.

There are many more possibilities, (including running 2 'competing' anti-virus programs that then conflict)

 

So, start Win-doze, and make a cup of tea, natter to your friends, and let it do everything it does until it has completed all its housekeeping.

Then open up "Task manager' (press the windows button, or click the windows icon in the bottom left of the screen).

Go to the "Windows System" part of the menu that appears, and Task manager should be clickable there to start it.

 

Open up one window of your browser, and try an play one video from youtube.

Task manager should give you an indication of CPU and memory usage on its default "processes" page, but next to the processes tab is a 'performance' tab that will let you look at CPU usage, memory usage and more.

 

Down the bottom of the 'performance' page there is a clickable link to "open resource monitor" : if need be you might be asked to look here for further details.

 

Post back with some indication of if there is something clearly making it slow, or some resource that seems 100% utilised much of the time.

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under CRA you can return it for no reason at all within 14 days

within 30 days if faulty

and you should be given a full refund

 

 

I believe the store has a 28 days returns policy anyway

but watchout for their unlawful restocking fee!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Under cra you cant just return goods in 14 days for no reason, that would in effect force a returns policy on all retailers.

The item was bought in store, not online.

 

That's not to Say you cant return it as not as described but you need to follow the advice in post 2

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under CRA you can return it for no reason at all within 14 days

within 30 days if faulty

and you should be given a full refund

 

 

I believe the store has a 28 days returns policy anyway

but watchout for their unlawful restocking fee!!

 

That wold only apply to online purchases, not in store purchases.

PC World does have a 28 days return policy, but only on unopened items.

I've never heard of PC World/Currys charging a restocking fee though.

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thanks guys did see it wasn't ordered online was on a small screen phone

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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