Returning Laptop to Carphone Warehouse - Rights (UPDATED)

olly300

The_Pedant wrote: »

I do not believe you would be able to reject the goods after such a time has passed. Rejection of goods must be performed within a reasonable period of time. Section 35(4) of the Sale of Goods Act states:
After a couple of months have passed, I would say it is more than reasonable to say the goods have been accepted. The only remedy therefore is to take it back to CPW and allow them to decide whether to repair, replace, or refund. From what you have said, they have chosen the former and unfortunately, that choice is the only one they are obliged to offer.

The SOGA like many UK acts is open to be argued about because it has the term "reasonable" and it doesn't give a time period. As the item was brought for a Xmas present you could argue that until the present was given then the item wasn't accepted. Many retailers extend the refund period on items brought in November/December due to this automatically. However the onus in this case was for the OP to make it clear when they were buying it, it was for a Xmas present.

gordikin

Who actually bought the laptop?

neilmcl

gordikin wrote: »

Who actually bought the laptop?

Good point. We're all assuming that the OP bought it but if it was given to him/her as a gift then they don't have any consumer rights regarding the actual purchase. In which case they will have to either get the actual buyer to sort it out or deal directly with Dell via their warranty.

bignred05

gordikin wrote: »

Who actually bought the laptop?

I bought the laptop (me the o/p)

I appreciate what people have said with regards to time lapse etc

however this is a laptop and things can be proved e.g. like I state this was opened for the first time on the 27.Dec

where not talking about a TV or a washing machine, where you can't prove when it was first used

neilmcl

So you bought the laptop for yourself in Oct and decided not to bother using until after Xmas, for whatever reason. I'm afraid you've got no chance trying to argue its still within a reasonable period of time for a full refund. All you can do is go back to CPW and insist that as the contract of sale is with them, not the manufacturer, then under the SOGA it is their responsibility to organise a repair, replacement or partial refund.

Having said that you may find it easier just to go ahead and contact Dell yourself, I'm not sure why you didn't buy it from them in the first place.

elfen

Wait til Monday, when Dell will be open, then WAIT to see what they say BEFORE you shoot off a possibly unnecessary letter.

bignred05

neilmcl wrote: »

So you bought the laptop for yourself in Oct and decided not to bother using until after Xmas, for whatever reason. I'm afraid you've got no chance trying to argue its still within a reasonable period of time for a full refund. All you can do is go back to CPW and insist that as the contract of sale is with them, not the manufacturer, then under the SOGA it is their responsibility to organise a repair, replacement or partial refund.

Having said that you may find it easier just to go ahead and contact Dell yourself, I'm not sure why you didn't buy it from them in the first place.

actually I bought 2, both as christmas presents, yes one for myself, and one for my daughter, whats to say which one is which

I will be contacting Dell come Monday

thanks to everyone for there replies/advice

pmduk

Google an article by Steve Playle on the Guardian website detailing his court case with CPW. Bear in mind their beloved 28 day rule has no basis in any legislation

Skintslimmer

Can't believe nobody has replied mentioning the compulsory 1 year warranty that exists on all electrical goods?

I would have thought this warranty was between you and the place you purchased it from, CPW? It is up to them to negotiate with Dell, surely?

Either way your laptop WILL be guaranteed for 1 year. Its a legal requirement. Its just a question of whether you take it up with Dell or CPW.

Skintslimmer

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/DG_182935