Retail - Right to refund

[oscar]

Family member purchased a computer (laptop / netbook) in the sales just after Christmas.

This has recently developed issues with turning on and holding a charge.

The retailer wants to send this item off for repair - and obviously once done, its deemed to be accepted, but family member wants a refund.

I know under Sale of Goods to Consumers Regulations, it is up to the retailer to prove the item was not faulty within the first six months, but is the family member being unreasonable by demanding a refund? (I feel not, given there are issues on the retailers own forums regards this item)

[PlanB]

Re: Retail - Right to refund

Did your family friend pay for the laptop/netbook on a credit card and did it cost over £100 (it probably would)?

If so then they can utilize section 75 of the Consumer Credit Act to get the dispute sorted http://www.which.co.uk/consumer-righ...mer-credit-act

If the retailer is offering to send it off for repair that implies they accept the fact that the goods are faulty.

Just because something is reduced in a sale that doesn't mean it needn't work properly!

Plan B x

[Never-In-Doubt]

Re: Retail - Right to refund

Me & my spanner - not EVERYTHING over £100 warrants a s.75 refund guys. It means you can claim but it's like chargeback, your card company CAN tell you to get lost. Normal rules suggest misrepresentation or breach of contract dictates provision of s.75.

If the retailer offers a reasonable adjustment (repair / replacement) then s.75 would be as useful as a double chocco fireguard

[oscar]

Re: Retail - Right to refund

Was a store charge card (Buy now / Pay Later)

They did offer a refund in way as a gift card, but of course would then be tied to the store for future purchase, and would still have to pay the charge card.

[oscar]

Re: Retail - Right to refund

Me & my spanner - not EVERYTHING over £100 warrants a s.75 refund guys. It means you can claim but it's like chargeback, your card company CAN tell you to get lost. Normal rules suggest misrepresentation or breach of contract dictates provision of s.75.

If the retailer offers a reasonable adjustment (repair / replacement) then s.75 would be as useful as a double chocco fireguard

Fair point, but should an item need to be repaired within 6 months if it has had little use?

[PlanB]

Re: Retail - Right to refund

should an item need to be repaired within 6 months if it has had little use?

There's case law on this which refers to a Sony CD player in which a judge said should it should have reasonably been expected to have survived six years. I'll dig it out when I get a moment.

I'm not au fait with the legal definition of "breach of contract" but I would say an item purchased should do what it says on the tin which is basically 'work properly'.

A laptop should recharge it's battery. I don't know the make and model which this is all about, but some laptops have removable batteries (mine does) so if the retailer were to replace the battery is there a possibility that would cure the isolated problem? Or are there other problems with the product?

Plan B x

[oscar]

Re: Retail - Right to refund

Is an Asus - battery is inbuilt rather than a removable pack.

Assume this is also the cause of it not turning on sometimes.

Going to go back with them tomorrow as manager will be there, see if he can offer anything else.

[PlanB]

Re: Retail - Right to refund

as manager will be there, see if he can offer anything else.

Like a replacement laptop I hope

If the offer isn't forthcoming ask for the company's complaints procedure and tell the Manager that you will be contacting your local Trading Standards Officer for advice.

[The Tech Clerk]

Re: Retail - Right to refund

Taken from the Citizens advice site:-


What the Sale of Goods Act says

The Sale of Goods Act 1979 says that any item you buy from a trader must be:

• of satisfactory quality
• fit for purpose
• match any description given.

If it isn’t, you can usually get one of the following:

• a repair
• a replacement
• your money back (a refund)
• some of your money back.

You will not have these rights if:

• there is nothing wrong with the goods – you have just changed your mind about wanting them
• you examined the goods, or a sample of the goods, when you were buying them, and the fault you want to complain about was so obvious that you should have noticed it
• the trader pointed out the defect that you now want to complain about
• you have damaged the goods yourself
• the problem is the result of normal wear and tear
• the goods have lasted for as long as could reasonably be expected.

• More about what's meant by satisfactory quality
• More about what's meant by fit for purpose
• More about what's meant by goods matching their description

Getting your money back

It’s unlikely you’ll be able to get all your money back if you have:

• kept the goods for too long before telling the trader, or
• tried to repair or change the goods yourself in any way.

If you aren't entitled to all your money back for one of these reasons, you may be entitled to get some of your money back, or to a repair or replacement instead.

• More about getting your money back
• More about getting faulty goods repaired or replaced

[oscar]

Re: Retail - Right to refund

Like a replacement laptop I hope

If the offer isn't forthcoming ask for the company's complaints procedure and tell the Manager that you will be contacting your local Trading Standards Officer for advice.

I find emailing CEOs a far better process.

[oscar]

Re: Retail - Right to refund

Thanks TTC - was pretty much aware of what you posted.

My argument is that if an item develops a fault within 6 months, then it obviously isn't satisfactory quality or fit for purpose.

From what we have read on the item, several people have had issues and would appear to be a manufacturing fault - but that doesn't absolve the retailer of responsibility.

[The Tech Clerk]

Re: Retail - Right to refund

Formal complaint to CEO as advised for starters, highlighting what has happened so far and any responses??

[julian]

Re: Retail - Right to refund

All electronics firms work on the bell curve theory that x% fail at the start y% have a normal life and z% outlive expectations. As most equipment comprises multiple components, %s rely on the sum of each bell curve, so more components more difficult to calculate and more integration so perhaps more quality control needed.

Manufacturers of computers expect things to happen and approx 10% failure is accepted. When installing 100 computers 120 would be delivered in case there were problems during installation and acceptance. Currys used to have a site for DOA refurbished computers at 75% or so of selling price and were used as an outlet for major computer firms DOAs. Dell and John Lewis sell refurbished, and there are other online companies that only sell them.

What seems to be happening is the shop resents taking the PC back as it fouls their sales figures and bonuses. Stand your ground, take your evidence on wider scale problems if required.

A few years back I bought an HP computer in the US. After just under a year it kept stopping until finally it would not start at all. After trying their support and being fobbed off after months e found a site reporting motherboard issues and applied to Support as directed. They said it was out of warranty, and if we wanted a repair it would cost £400, or we could return it to the shop we bought it for repair under special recall. The soldering on the motherboard was faulty on that series.

Needless to say I wont touch HP.