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My Rights To A Refund?

DazDude
Posts: 9 Forumite
Hey all, came here in hope of some advice...
On the 29th December 2008 (so a few days ago) I purchased a LCD computer monitor from a local independent computer retailer of which I paid £89.99 for.
Upon getting it home and turning it on I discovered what is known to be a stuck pixel very near the centre of the screen which is highly distracting and very noticeable!.
So the following day I returned to the retailer with my purchase and asked for a exchange/refund. I was told by the owner I couldn't have either as due to the defect it would be something the manufacturer would fix and also if he exchanged it I could end up with 2 pixel errors (here's where common sense should twig in that he should check before he would exchange it) but he wouldn't exchange it anyway. But told me I could bring it back next week so they can have a look at the fault.
So following this I got home again and rang the manufacturer, as my receipt from the retailer says 3 years on site warranty with Hanns-G who are the manufacturer. only to be told that it would highly unlikely be covered under warranty and would not be able to be fixed by them unless I had 7....YES 7! pixel errors but to send some photos of the problem to them and they'll see what they can do.
So needless to say by now I was very frustrated and rang trading standards and after explaining the situation I was in I was told my contract is with the shop as it is where I brought the monitor and that my statutory rights cover me under the sales of goods act as the goods (in this case the monitor) were not of satisfactory quality and thus I am entitled a refund or exchange. I have since looked at the sales of goods act its self and noticed there is a part that says "Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety." And assume the minor defect in this case is a pixel error?
However as I mentioned the shop have said I can bring it in next week so they can have a look at the fault. However when I take it back I am unsure of how I go about telling them that I have a legal right to a refund/exchange and want to know how I would go about doing it? and if they refuse what I do next?.
Much help would be appreciated
Daz
On the 29th December 2008 (so a few days ago) I purchased a LCD computer monitor from a local independent computer retailer of which I paid £89.99 for.
Upon getting it home and turning it on I discovered what is known to be a stuck pixel very near the centre of the screen which is highly distracting and very noticeable!.
So the following day I returned to the retailer with my purchase and asked for a exchange/refund. I was told by the owner I couldn't have either as due to the defect it would be something the manufacturer would fix and also if he exchanged it I could end up with 2 pixel errors (here's where common sense should twig in that he should check before he would exchange it) but he wouldn't exchange it anyway. But told me I could bring it back next week so they can have a look at the fault.
So following this I got home again and rang the manufacturer, as my receipt from the retailer says 3 years on site warranty with Hanns-G who are the manufacturer. only to be told that it would highly unlikely be covered under warranty and would not be able to be fixed by them unless I had 7....YES 7! pixel errors but to send some photos of the problem to them and they'll see what they can do.
So needless to say by now I was very frustrated and rang trading standards and after explaining the situation I was in I was told my contract is with the shop as it is where I brought the monitor and that my statutory rights cover me under the sales of goods act as the goods (in this case the monitor) were not of satisfactory quality and thus I am entitled a refund or exchange. I have since looked at the sales of goods act its self and noticed there is a part that says "Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety." And assume the minor defect in this case is a pixel error?
However as I mentioned the shop have said I can bring it in next week so they can have a look at the fault. However when I take it back I am unsure of how I go about telling them that I have a legal right to a refund/exchange and want to know how I would go about doing it? and if they refuse what I do next?.
Much help would be appreciated
Daz
0
Comments
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The shop is talking rubbish. The shop is responsible for dealing with this, they can not fob it off onto the manufacturer. I'm pretty sure theres a main article on this somewhere but I expect one of the consumer experts will be along shortly to advice once people start to get up.
Sounds like a rubbish shop - you wont want to use them again will you?
If they refuse to fulfil their legal obligations you could go through the small claims procedure with the courts (You can do it online) but I'd try my friendly local trading standards first off. Hopefully it wont come to that.
Have a look here http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchan0 -
It seems to me that they want to make you wait so long that the 'deadline' to get a refund passes. Don't wait a week, you found out your rights and one of them is being able to go in as soon as their open to get a refund, take in proof to make sure because they will try and fob you off.0
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I am new to this forum and an absolute technophobe, so please, bear with me!
This is not,exactly, a reply but an enquiry of a similar fashion.
In November 2007 I bought a Bissell deep cleaner, from Ideal Shopping Direct, for £169.99 (including pp).
My credit card made the payment on 15.11.07 but on 16.11.07 I had a nasty fall in my local supermarket; so when the machine arrived a few days later, I was suffering from swollen and painful left knee and right hand.
When it arrived I opened the box and saw that the machine was in bits. As I could not have assembled it then, I stored it away.
Just before this Christmas, I decided to assemble the machine in order to clean my carpets. To my horror, I found that 4 of its small tools were missing!
I have read the terms and conditions of my credit card but cannot see anything relating to time, though I may just be blind!
Have I still got any hope of reclaiming my money, or replacement of the tools? Or my accident has meant that I have paid for things that they can withold?
I should be grateful for any help,
Artemis0 -
I doubt you will get anywhere more than a year later !0
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Tried all the possible nonvoiding my warranty fixes to no effect.0 -
Dead pixels are quite common in LCDs are you wont usually get a refund if its one.. There are VERY few manufacturers who will guarantee no dead pixels.0
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Pinched from a random google search....
"Dead pixels are a fact of life with today's lower priced LCD screens. Considering the number of pixels contained in an LCD panel, the defective rate should dead pixels be present, is minute.
For a typical laptop screen with XGA resolution (1024 x 768 pixels), there's a total of 2,359,296 red, green and blue pixels (1024 x 768 x 3). So a screen with 5 dead sub-pixels has a defective rate equal to 0.0002 percent.
Most manufacturers regard the system as being up to spec with up to nine dead pixels, before offering a replacement.
There's a useful page which documents the policies of the main manufacturers concerning dead pixels"0 -
TighterThanTwoCoatsOfPain wrote: »Dead pixels are quite common in LCDs are you wont usually get a refund if its one.. There are VERY few manufacturers who will guarantee no dead pixels.
This is my thought also. I don't know what the figures are, but a certain ratio is deemed to be acceptable (albeit by manufacturers, I am not aware that it has been tested in Law).Gone ... or have I?0 -
I am new to this forum and an absolute technophobe, so please, bear with me!
This is not,exactly, a reply but an enquiry of a similar fashion.
In November 2007 I bought a Bissell deep cleaner, from Ideal Shopping Direct, for £169.99 (including pp).
My credit card made the payment on 15.11.07 but on 16.11.07 I had a nasty fall in my local supermarket; so when the machine arrived a few days later, I was suffering from swollen and painful left knee and right hand.
When it arrived I opened the box and saw that the machine was in bits. As I could not have assembled it then, I stored it away.
Just before this Christmas, I decided to assemble the machine in order to clean my carpets. To my horror, I found that 4 of its small tools were missing!
I have read the terms and conditions of my credit card but cannot see anything relating to time, though I may just be blind!
Have I still got any hope of reclaiming my money, or replacement of the tools? Or my accident has meant that I have paid for things that they can withold?
I should be grateful for any help,
Artemis
A polite request to the manufacturer might help in this instance. Look them up on the box and write or phone them. I've obtained many a small spare this way.0
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