Sale of goods act for Computer Software

smcaul

Blacksheep1979 wrote: »

You've not accepted the goods and they don't seem fit for purpose - reject them and ask for your money back. Point out to the shop keeper it's going to cost him a lot more if you end up taking him to court to get your money back.

Is it not up to the shop to decide whether they replace, refund or repair the laptop, this is after all exactly what you said in the carphone wharehouse thread!!!!!!!!


You seem to lack continuity in your advice Blacksheep!!!!!!!!!

Debt_Free_Chick

I think the not fit for purpose is a really difficult one, where the problem is simply software related. Whilst I agree that a computer which is unusable is clearly not fit for purpose, if it's a simple matter of reinstalling the software, then, technically, it is fit for purpose ...... isn't it?

It would seem somewhat incongruous if an entire PC/laptop which was was otherwise "perfect" could be completely rejected, when a simple Windows reinstall is all that's required.

I guess it depends on what the problem is, but if Windows is reinstalled and the laptop then works, what would uncle want to do then?

Sooziecats

Blacksheep1979 wrote: »

You spoke to someone who claims to know about computers but thinks that they can run without a power source...

Obviously we know the computer has to be plugged in and the battery charged up - what I wanted to know was if Toshiba insist that the internal battery is fully installed in the laptop when it leaves their warehouse, WHY was it not inside the laptop when we purchased it?

I have been in touch with Trading Standards and I now know my rights - and the laptop was not fit for use as it would not work unless we paid an extra £50 for the bloke to "tune it in" - yeah right - he must think I was born yesterday. We are now waiting to get our money back. He has until 30 December or I am taking further action (as advised by Trading Standards)

markelock

make sure you put everything in writing. do they still have the laptop?

I'm not sure about the battery thing. Is it a toshiba battery?

Blacksheep1979

smcaul wrote: »

Is it not up to the shop to decide whether they replace, refund or repair the laptop, this is after all exactly what you said in the carphone wharehouse thread!!!!!!!!


You seem to lack continuity in your advice Blacksheep!!!!!!!!!

you're a complete tard and your lack of understanding for the law will never cease to astound me - the client here has not accepted the goods, they've taken them home, tried them and found that they don't meet spec. In the CPW thread the person in question had the laptop for over 2 months which is completely different. Learn how to read then maybe post something useful.

smcaul

But you and I both know that there is no time limit defined in the SOGA for acceptance is there. So it could be 2 hours, it could be 2 months?

If your going to try and play devils advocate all the time then please expect to be picked up on these things

Sooziecats

I wrote to the shop stating the Sale of Goods Act 1979 - after taking advice from Trading Standards. I went back to the shop the next day and was given a full refund, by cheque, even though my Uncle had paid cash. I am waiting for the cheque to clear before purchasing a new laptop.

After speaking to my Uncle he has told me that the model number on the laptop did not match the model number on the box. Also the shop owner would not open the box in the shop for my Uncle to look at the laptop (one was on display). When Uncle got the laptop home the outside seal was broken and the inner bags had been opened. The battery WAS inserted in the laptop. The owner of the shop told me that because the battery was not inserted correctly and a tab not secured inside caused a software problem. Yeah right - and I was born yesterday! We will not be going there ever again!
Sooziecats

nmm

I would've checked the security seal before leaving the shop, thats why it's there to make sure no-one has tampered with it. If it was broken i would ask for a refund there and then. Sounds dodgy all round though, hope the cheque clears ok

ohmsoft

Blacksheep1979 wrote: »

you're a complete tard and your lack of understanding for the law will never cease to astound me - the client here has not accepted the goods, they've taken them home, tried them and found that they don't meet spec. In the CPW thread the person in question had the laptop for over 2 months which is completely different. Learn how to read then maybe post something useful.

What's a 'tard'!? I've not heard that one before!

smcaul

Its short for Retard, normally used by people of very limited intellect, or in other cases used by people who are embarrassed by their own actions and are trying to cover it up by attempting to put others down. These people are easy to spot when out and about in the real world rather then the virtual world. They can often be found sat on their own in a pub with a lager top pretending to speak to lots of "friends" on a mobile phone loudly.

Awaits the rather long and aggressive retort by Blacksheep1979 who will be desperately trying to defend themselves!!!