New laptop broken - PC World said to return it to the manufacturer?

lucystardust

I have a laptop which is 2 months old bought from the PC world website. It cut out and now won't switch back on again. I called their helpline who guided me through all the usual stuff (make sure the battery is charged, change the fuse in the charger plug etc). So towards the end of the conversation the operator ran out of ideas and said I would have to return it to the manufacturer (Asus) for repair, they didn't give me any details of how to contact them or where to send it.
I thought under the Sale of Goods Act if the product is faulty within the first 6 months then you should be able to return it to the retailer to repair/replace. I've heard that this 'return it to the manufacturer' thing is a way to fob people off so PC world don't have to deal with the repair?
Also as I bought it online would I be able to take it into a PC world store?

scousemanblue

Contact Trading Standards. I had a laptop from pcw and it broke down after 14mths. With TS assistance on communication, I got Vouchers. As urs is under 12mths old, stick to ur guns and go for a refund!

lucystardust

I did some googling and found that if an item is under 6 months old then under the Sale of Goods Act it is assumed that it was faulty when purchased, and it is the retailer's responsibility to sort out a repair/replacement. I called PC World again and the guy said 'well that must be a different Sale of Goods Act to the one we have because we only have to deal with it if its been under 28 days' but I told him he was wrong, and then he said 'well ok, you can drop it into a PC world store, but all we'll do is arrange a repair through the manufacturer so it'll be quicker if you arrange it yourself'.

derrick

lucystardust wrote: »

I did some googling and found that if an item is under 6 months old then under the Sale of Goods Act it is assumed that it was faulty when purchased, and it is the retailer's responsibility to sort out a repair/replacement. I called PC World again and the guy said 'well that must be a different Sale of Goods Act to the one we have because we only have to deal with it if its been under 28 days' but I told him he was wrong, and then he said 'well ok, you can drop it into a PC world store, but all we'll do is arrange a repair through the manufacturer so it'll be quicker if you arrange it yourself'.

Yep, PC World and the other sheds do this a lot, the 28 days are their rules, but do not outweigh your statutory rights, ( I would inform Trading Standards anyway, as the more people that complain the more chance they might do something).

You are correct about the 6 month rule to a point, it means that if something breaks down within the first 6 months it is deemed to have been there at point of sale and is up to the RETAILER to prove otherwise, See WHICH for "understanding the Sale of Goods Act"; -
"Six months...and counting If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were fit for purpose – or 'as described' – when it sold them. It is also responsible for proving that the problem was caused by you (for example, because you had an accident with the item that damaged it). Beyond six months, it's up to you to prove that the problem was the retailer's.
So you may need to prove that the fault was not down to wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report, for example from an engineer or mechanic."
"Retailer or manufacturer
In most cases, your rights are against the retailer – the company that sold you the product – not the manufacturer, and so you must take any claim against the retailer."

Under the Sale of Goods Act, (SoGA), your contract is with the RETAILER, not the manufacturer, see WHICH also WHICH statutory rights, and these give you up to 6 years to make a claim under SoGA, depending upon circumstances, price etc.


See BERR SoGA. "Q6. Is it true that I have to complain to the manufacturer?
No. You bought the goods from the trader, not the manufacturer, and the trader is liable for any breaches of contract (unless he was acting as the manufacturer's agent)."





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Alias_Omega

Have you got a local store, drop it into them and see what they can do for yourself.

Esqui

Your local store should be able to organise the repair. Asus are a special case, in that they do repairs on their computers rather than the Tech Guys. It makes no difference that you bought it online.

Tess19

Your contract is with PC World, therefore it is their responsibilty to sort the laptop out for you, not the manufacturer.

Under the Sale of Goods Act, there is no 28 day limit. If this is the PC World policy and particulary if this is in their terms and conditions, then it could potentially be seen as a restrictive statement, as also as an unfair term under the Unfair Terms in Consumer Contract Regulations 1999. You should call Consumer Direct, for some advice and also so that such a notification can then be reported to the Trading Standards Authority that deal with PC World (this should be raised with them).

In respect of your query, you could state that your laptop is not of a satisfactory quality or fit for its purpose, as you have been unable to use it.

Remedies under the Sale of Goods Act 1979 - If you wanted to send back your laptop and claim a full refund (or possibly a partial refund, as it may be seen as you have had it two months, you have accepted it, therefore the refund would be the cost of the laptop less two months usage - however this is arguable), then the burden of proof is on you to prove that the laptop was faulty at the time of purchase.

Remedies under the Sale and Supply of Goods to Consumer Regulations 2002 - for the first six months after purchasing a product, the burden of proof switches to the retailer. They would have to prove the item was not faulty or otherwise. The remedies available under these Regulations are a repair or replacement. I would suggest writing to PC World, with details of your order, the problems with your laptop and state you want them to look at your laptop and if necessary to repair it, within a set time period. If it can be shown the item is fault and if PC World are unable to repair your laptop or it would be too costly for them to do so, they should replace it with an identical (or if not possible) similar spec machine. If both options cannot be offered, then your next step is to go for a refund.

In addition, if you purchased your laptop with credit card (and the purchase price is over £100), then your credit card company is jointly liable with PC World for any breaches of contract under section 75 of Consumer Credit Act 1974. It therefore may also be wise to write to your credit card company too.

The Consumer Direct website has handy template letters that may assist you.

Please ensure that any letters you send are sent by recorded delivery, as this will be your proof of postage (in case you need to take matters further).

Good luck!