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Can this be right???

I bought my daughter a laptop for christmas from Staples on 31.10.08 for £299 as it was a brilliant deal, and informed the sales guy it wasd to be put away for christmas, would it still be ok to bring it back and exchange it after xmas if anything was wrong with it etc. to which he assured me it would be fine but advised me to switch it on when i got it home to do all the updates etc to save time on xmas day, which I did.
My daughter switched it on on xmas day and it wont stay on longer than 4 minutes, it gets red hot on the bottom and the fan wont work at all.
I took it back on 27th at 9am to be told nothing they can do I will have to ring Fujitsu Siemens for it to be repaired, I argued in the shop that it was brand new, still has all the plastic protectors on and surely is faulty from new not in need of repair but they were adamant.
I rang Fujitsu who said yes they will look to repair it but it cant be collected until 5th January then will be 7-10 days after that for it to be returned.
My daughter is really upset as she has wanted a laptop for so long and now it wont work.
Anybody any idea where I stand with regards to demanding an exchange on the laptop for one that actually works?
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Comments

  • Sorry but Staples is right. They dont have to offer you a replacement, but a repair.

    Fujutsi will collect and deliver back for free. I had my laptop repaird for them before (which I got from Staples). Normally shops give you a month if faulty after which time they tell you to go to manufacturers. So sorry what you have been told is correct
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  • cte1111
    cte1111 Posts: 7,390 Forumite
    Part of the Furniture Combo Breaker
    It is up to the retailer to deal with your complaint, not the manufacturer. I think they are allowed to offer to repair it rather than replace it though, but it is up to Staples to sort it.

    I'm sure someone will be along soon who knows more about your legal rights. Here's a link from the citizen's advice website, from here it sounds like you should be able to get your money back at least (and go to a store that has a clue about customer service to get a replacement):
    http://www.adviceguide.org.uk/index/your_world/consumer_affairs/faq_index_consumer_affairs/faq_consumer_affairs_refunds_for_returned_goods.htm
  • Yes but was yours a brand new laptop?? Also the guy in the shop gave me the wrong information. I wouldn't of bought in October had I known it would affect my rights? Surely a brand spanking new laptop shouldnt have to be repaired its been sold whilst not fit for the purpose intended?
  • QQuaver
    QQuaver Posts: 8,444 Forumite
    Part of the Furniture Combo Breaker
    My laptop (Sony) fan came loose once after vacuuming :rolleyes:
    I pushed it back in through the grilles with a credit card (turn off laptop first).
    Don't do it if you are going to scratch it and leave a mark though, it will void the warranty.

    Before you do anything, wait a bit in case others discourage this. I had nothing to lose, you have:o
  • FloFlo
    FloFlo Posts: 32,720 Forumite
    Contact staples head office there info should be on the website. I had problems with ink before and they were fab. Make yourself a nuisance if they won't sort it out for you usually works for me. Good luck hope they sort it for you.
  • I have the number to contact Staples customer services tomorrow, so will give that a try first thing, I also spoke to Trading Standards on Saturday who advised it hinges on what is defined as "reasonable time" to return it. The guy who sold me it advised me it was reasonable time, but I have no way of proving that so dont know what will happen.
  • Patr100
    Patr100 Posts: 2,854 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Sorry but Normally shops give you a month if faulty after which time they tell you to go to manufacturers. So sorry what you have been told is correct

    No, Not correct. The contract is still with the retailer not the manufacturer even if it may be easier or necessary later to go direct to the manufacurer. And arbitrary periods eg a month to wash their hands of responsibility are not legal.
  • Dizzie77
    Dizzie77 Posts: 2,206 Forumite
    As far as I understand it, Staples should be sorting this out for you (Your contract is with them, not Fujitsu).
    I also think that Staples should be offering you a replacement laptop.

    I think that you are entitled to a refund, so a replacement is better from their point of view.
    It may be that you can't have exactly the same laptop - if the one you bought was on special offer or something, but they (staples) should get you one of equal quality.

    My thoughts would be for you to go back to the store, after having read the information about your rights under the sale of goods act (http://www.consumerdirect.gov.uk/news/press_releases/national/2007/christmas_tips

    and speak to the manager. If they still refuse to give you a replacement, then phone your local trading standards department for further advice.
    Why does nobody say Thank You anymore??:mad:
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  • Hope you get this sorted and just for your info i have had 2 Fujitsu Siemens and both went wrong overheating and screen packing up.
    in the end i demanded my money back and i got it.

    I didn't buy the same make again i got a sony and was worth the extra money.

    good luck x
  • Well I feel a lot more positive after reading all your comments on this forum and thankyou. I am going to ring at 9am in the morning and try to resolve this without having to involve trading standards.
    I do appreciate it was on offer and may not get the same deal but im willing to pay any extra that may need to be paid to get a similiar one, or a refund, either really so long as my daughter gets to use her laptop before she goes back to school.
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