Laptop Problems After 2 Months - Comet - My Rights

StudentOfBusiness

I bought an Acer Aspire 5920 laptop from Comet in October.
It was fine when I first had it and I thought it was going to be a really good laptop and last me through Uni, becuase thats what I had bought it for.

But now, 2 months on, Im having problems with it, these are:

• The backlight flickers, going dim etc.
• The screen flickers quite often, horizontal lines and flashing.
• The webcam no longer works and cannot be found when I click the icon for it, I have tried installing the drivers etc, to no prevail.
• Also the scoll button is very tempermental and does not work sometimes

Just to clarify, this laptop had never left my house, it is on my desk in my bedroom the majority of the time and I have sometimes took it downstairs in the living room whilst watching tv.

I was just wondering what my rights would be as a consumer, becuase, Comet policy states that they will take the laptop in if it is still under warranty and try to fix it, and if this is not possible they may offer a refund. Although, this fixing time can take around 2-3 weeks, and this really is not ideal as I have lots of coursework in the next week to do for uni.

My mum works in a law school at a university, and she says that people say you can quote the sales of goods act, section 14, 1979, I aerent sure if I remembered it correctly there. Apparently, there is a certain amount of time that if you take something back, that it can be deemed faulty at point of sale and you are entitled to a refund there and then.

Her friend did this is Comet when his xbox 360 broke after about 3 months and he asked for the manager and mentioned this act and they refunded him staright away with no question.

Could I have some more guidance on this matter please?

Thank you

StudentOfBusiness

Please people

Marty_J

Under section 48A(2)(b)(ii) of the Sale of Goods Act, you have the right to rescind the contract with the seller if the goods do not conform to the contract of sale at the time of delivery. Under Section 48A(3), if the goods do not conform at any time within the first six months, it is taken that they did not conform at the time of delivery.

Ask to see the manager and tell him you want a refund.

StudentOfBusiness

Wow!
Thank you for that, I take it that applies to me then lol?
What if they refuse, or wont they dare too because its against the law?

StudentOfBusiness

Im a bit stuck on how I would word all this lol
Could you guide me in the right direction please

Thanks

Airwolf1

I thought you had to give the company an opportunity to repair though?

Marty_J

StudentOfBusiness wrote: »

Wow!
Thank you for that, I take it that applies to me then lol?

It certainly looks that way.

What if they refuse, or wont they dare too because its against the law?

That's why I say you should speak to the manager about it. Many retail staff don't understand consumer's rights so it's best to go to the top. I was once in a large music store in Belfast where a member of staff told me that the Sale of Goods Act didn't apply there; needless to say, I haven't bought anything from there since, and I regularly advise others to do likewise.

The best advice is to know you rights, and be polite but firm. They supplied a defective laptop, so you want your money back.

Airwolf1

See http://www.consumeractiongroup.co.uk/forum/retailers-high-street-line/117106-sale-goods-basic-guide.html

If you register (which is free) they have templates you can use.

StudentOfBusiness

Airwolf1 wrote: »

I thought you had to give the company an opportunity to repair though?

Yeah but if the product defects within the first 6 months of use, the law assumes that the product was defective at the point of sale, and the company (comet) had supplied a defective product. Therefore, a breach of contract, meaning I get a refund.

Is that right Mart?

Marty_J

Airwolf1 wrote: »

I thought you had to give the company an opportunity to repair though?

Not if the "goods do not conform to the contract of sale at the time of delivery" and the seller cannot replace or repair the goods "without causing significant inconvenience to the buyer".

Marty_J

StudentOfBusiness wrote: »

Yeah but if the product defects within the first 6 months of use, the law assumes that the product was defective at the point of sale, and the company (comet) had supplied a defective product. Therefore, a breach of contract, meaning I get a refund.

Is that right Mart?

As is my understanding, that's correct.