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Consumer Rights
Comments
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Amusedsean wrote: »Retailers like Aldi sell many types of product and for each one will have something in place if something goes wrong.You cant expect them to replace every item,some will be repaired and as a previous poster said the choice is with them. They are also allowed to have the unit inspected by qualified personnel.They are not doing anything else other than fulfilling your rights and theirs under SOGA. The manufactures helpline is quicker than you leaving it with them,them calling/sending it off and you coming back to collect it when its done. It may only take a couple of days off of a repair but it is collected and returned to you.I have done this myself and found it quick and easy.
yes- but surely something which ceases to function after just 6 weeks it is more than likely to have had an inherent design or manufacturing fault at the time it was sold- by Aldi. I therefore maintain that the trader should take responsibilty and not pass the customer off to the manufacturer. I thought this principle was encompassed in the SOGA.
From a customer point of view it's also far easier to exchange a faulty item at the store which can then be used immediately without expending further time and hassle- something which we can all do without on a relatively low value item.0 -
A six week old cheap cd player-I agree it is an extra hassle and an exchange is far easier. Unfortunatley the choice is with the retailer and the helpline will be quicker than leaving it with the store. As for taking responsibility, they havent said they wont. The helpline is the route they take to get it repaired and its quicker easier and less inconvienient if you do it yourself.Its the best advice in the system they have.0
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nearly_an_angel wrote: »I brought a laptop in february from aldi. I have always brought my computers from there and up until now never had a problem with one. The laptop was for a birthday present and so didn't get used for the first time until end of June. Since using it it's had problems crashing dumping it's physical memory and burnt out its power supply! Considering the machine isn't even 6 months old I find this pretty shocking. I have been in touch with medion who make the laptop and have tried a couple of theit suggestions, none of which have worked. Their next step is to take is in for repair, which I not too happy about considering how new this laptop is, I would rather not risk anything else going wrong have a new one. I have tried going back to Aldi where I brought it from, who really don't want me to have my money back. At first they tried to pass it off as a manufacturers problem as it was past 30 days, and then said that under the consumer rights act i'm only entitled to the manufactuers repair...is this correct?? I was under the impression that if goods are not fit for purspose you were entiltled to a repair, replacement or refund? Can anyone please advise
You're absolutely right!
You didn't say if you bought the laptop on a credit card or not, if you did this would open another way to sort your problem.
If the problem still hasn't been sorted, then because it will now be over 6 months the onus is on you to prove to the retailer that the fault was inherent. You can get an independent report on the laptop and if there is proof that the fault was inherent, then you should be able to get Aldi to replace your goods.
Just because you didn't use your laptop until June, doesn't mean your rights start from then, it's from the time of purchase, which is why, even when you're buying presents for later, you should always check they are fit for purpose, before you store them for weeks.
Because you have contacted the manufacturer, you have now 'muddied' the waters a bit, did you tell Aldi (ideally in writing) that you were going to contact the manufacturers? If not, Aldi could now argue that you accepted it is a manufacturers problem.
Like you said, your issue is with Aldi and that's where you should have stayed. I really do despair when a lot of helpers on this forum believe 100% in a 28 or 30 day rule. This is absolute nonsence, read up on the SoGA.
Your best line is to get and independent engineers report on the laptop (inform Aldi, in writing, that you will be doing this) I'm unsure 100% if you will be able to get a refund on this cost from Aldi (after 6 months), but you should be able to get a fully working replacement, albeit this may be refurbished, or you may be entitled to a pro-rata refund, as you did get some use out of the laptop.
You should have stuck to your guns earlier on.
Anyway hope this helps.0 -
Just because you didn't use your laptop until June, doesn't mean your rights start from then, it's from the time of purchase
That's absolutely wrong. Case law: Fiat Auto Financial Services v Connolly [2007] S.L.T. (Sh Ct) 111. (In which a consumer sucessfully rejected a car after clocking up 40,000 miles in it - the period starts from the time the consumer starts to make an informed decision as to whether or not to reject - crucially this is not defined as the moment of purchase).Because you have contacted the manufacturer, you have now 'muddied' the waters a bit, did you tell Aldi (ideally in writing) that you were going to contact the manufacturers? If not, Aldi could now argue that you accepted it is a manufacturers problem.
Aldi could try to argue that if they wanted, but a court would simply laugh at it. It wouldn't harm the claimant's case in the slightest.your issue is with Aldi and that's where you should have stayed.
You're right there.This is absolute nonsence, read up on the SoGA.
Read up on it yourself, including recent case law.0 -
Please dont panic if a retailer refers you to the manufacturer in the first instance. I work for a large whitegoods manufacturer, we take calls from Currys customers and many other smaller shops. These days the manufacturers are so desparate to find retailers to stock their products that we are basically handling the aftersales issues for them. About 30% of the calls I take can be resolved without exchange or refund, mostly down to incorrect installation or not reading the manual.(im guilty there!) I suppose we are a filtering process for the retailer to save on uneccessary exchanges. I dont think by speaking to us first the customer loses any of their rights.0
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I dont think by speaking to us first the customer loses any of their rights.
I've always wondered why people get so uppity about that on here. In my book if it was me all I'd want is the problem solved, I couldn't give a toss who does it. If the manufacturer will do that then fine. The only reason some people insist on the retailer sorting something out when the manufacturer will probably do a better job and quicker must be some sort of "power" thing.0 -
Our Bosch fridge that packed up after afew months was dealt with by Bosch after being referred to them by the Co-operative electrical shop.
Made sense as Bosch engineer came to diagnose fault and he ordered a replacement which arrived quickly and is working OK so far.Don't grow up. Its a trap!
Peace, love and labradors!0 -
I've always wondered why people get so uppity about that on here. In my book if it was me all I'd want is the problem solved, I couldn't give a toss who does it. If the manufacturer will do that then fine. The only reason some people insist on the retailer sorting something out when the manufacturer will probably do a better job and quicker must be some sort of "power" thing.
I think the concern is that if the manufacturer replaces the item it is not the same one that makes up the contract between the buyer and the retailer.0 -
Blacksheep1979 wrote: »I think the concern is that if the manufacturer replaces the item it is not the same one that makes up the contract between the buyer and the retailer.
But then they'd still have made it so if that goes wrong it'll be one of their own again.0 -
Large retailers still tend do do the actual exchange, in the case of Currys we just give an authorisation number and they deliver the new one, so contract is still with retailer in that case. If the manufacturers exchange directly would that not make the manufacturer the retailer for the new appliance? with the same rights for cust if they had bought from shop. Just going on how we approach it at work, Im not speaking with any legal expertise i hasten to add so would be interested to know the answer.0
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