Faulty laptop under warranty - can I have a refund?

colinb12

Hi

I bought an Acer 8930G laptop last August. It has never really worked properly and has recently come back from a warranty repair which replaced nearly 100% of the laptop and now the sound does not work properly so it has to go back again. I just want a fully working laptop.

I can't keep afford having time off work for couriers to collect it etc, I am sick of it. I bought this on my credit card.

Do I have the right to request a full refund? If so, how do I go about this? I still have the invoice and the original packaging for the item.

Jakg

I doubt it on a 6 month old laptop.

colinb12

Jakg wrote: »

I doubt it on a 6 month old laptop.

I thought under the sale of goods act it would not be fit for purpose. They still stock it.

Esqui

How many repairs have you had? Some retailers will exchange out of goodwill if it's been for repair x amount of times

colinb12

Esqui wrote: »

How many repairs have you had? Some retailers will exchange out of goodwill if it's been for repair x amount of times

It's going in for it's second repair.

chris024

Acer computer problems seem to appear alot on these forums

I myself have an Acer desktop which is due to be sent for repair for the fourth time in the last three months

I have been told that this time they will do an RMS assesment on it (what ever that is) and either give me a refund or a replacement. However the refund will have depreciation charges. I am past caring to be honest as long as I get two thirds-3 quarters of what I paid for it I will be very happy & I will buy a new desktop from a more reliable manufacturer with better after sales support! I won't go with what just seems the cheapest/best bang for your buck

colinb12

I've got to admit, I've had 3 Acer laptops over the years and never had one issue, the 4th one though is different. Their call centre used to be in the UK but now it's in India with the repair centre in Plymouth. Next time I am going to buy another brand.

rippedoffconsumer

Under EU law if something breaks within 6 months of purchase, then it is deemed to have always been faulty. If you read the bit below which I have taken from the Europa, you should, (if you get a wiggle on ) be entitled to a full refund if that is what you want.
This is taken from the Europa website I can't post the link but most of the address is here ec.europa.eu / consumers / cons info / 10principles.

What if you buy a new television set and it immediately breaks down?
Under EU law, if a product you buy does not conform to the agreement you made with the seller at the time of purchase, you can take it back and have it repaired or replaced. Alternatively, you can ask for a price reduction, or a complete refund of your money.
This applies for up to two years after you take delivery of the product. And for

the first six months after delivery, the burden of
proof is on the seller – not the consumer – to prove that the product sold conformed with the contract of sale.
This principle that the product must “conform with the contract of sale” also protects you if what you get is not what you agreed to buy.
For example, if what you agreed to buy was antique furniture and what you are sent is reproduction, you can send it back

colinb12

rippedoffconsumer wrote: »

Under EU law if something breaks within 6 months of purchase, then it is deemed to have always been faulty. If you read the bit below which I have taken from the Europa, you should, (if you get a wiggle on ) be entitled to a full refund if that is what you want.
This is taken from the Europa website I can't post the link but most of the address is here ec.europa.eu / consumers / cons info / 10principles.

What if you buy a new television set and it immediately breaks down?
Under EU law, if a product you buy does not conform to the agreement you made with the seller at the time of purchase, you can take it back and have it repaired or replaced. Alternatively, you can ask for a price reduction, or a complete refund of your money.
This applies for up to two years after you take delivery of the product. And for

the first six months after delivery, the burden of
proof is on the seller – not the consumer – to prove that the product sold conformed with the contract of sale.
This principle that the product must “conform with the contract of sale” also protects you if what you get is not what you agreed to buy.
For example, if what you agreed to buy was antique furniture and what you are sent is reproduction, you can send it back

That's brilliant, I don't suppose there is a template with this kind of thing in?

Mankysteve

ignore EU law SOGA over rides it.

rippedoffconsumer

If you have a look at the Europa website , you can find a section on consumers, i think it is under the living in Europe section.
There is also a free service called Solvit ( google it) and they make sure that your rights are being adhered to.

You do have the right to a refund within 6 months, you have been reasonable and allowed them to try and fix it and they haven't been able to. BUT time is of the essence, you must meet the 6 month deadline or the situation changes. I am too new to post links sadly but this below is taken from this website
berr.gov.uk whatwedo consumers factsheets what is an inherent fault

I think for obvious reasons, shops like to keep this aspect of the law quiet. But if the company don't accept this, ask for their reasons in writing and see if solvit will take the matter up for you.
Q13. What does the "reversed burden of proof" mean for the consumer?

It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.
In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.
This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.