Faulty laptop under warranty - can I have a refund?

Esqui

rippedoffconsumer wrote: »

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.

NO! The directive...not law...you refer to is implemented under the UK Sale of Goods Act.

You do have the right to a refund within 6 months

No, not automatically...

@OP: A second repair is unfortunate, but they're unlikely to replace. Maybe you could get them to agree to replace if it comes back and has the same fault within a month, or something?

yummymummy79

Let's not miss the main point here though in that everything has been done under warranty so I'm assuming by the manufacturer, in which case SOGA is completely irrelevant as the manufacturer has no responsibility under SOGA, that would be the retailer. Unless you bought it directly from the manufacturer where in which case you will have warranty and SOGA options, potentially.

If you're going under the warranty then you are limited to what it says you can have and it is verrrrrrrrrrrrrrry rare that a warranty will say you can have a refund, mainly because you didn't pay any money to the manufacturer.

If the retailer has had no involvement at all up to this point, then you will struggle to go back to them now and cross over to using SOGA rather than the warranty.

All the 6 month burden of proof stuff is totally irrelevant if OP has just been dealing with the manufacturer under the warranty. Let's not make it even more complicated and muddled than it is already!

rippedoffconsumer

European law is harmonising consumer rights accross Europe, even if Britain and its traditional anti everything Europe stance finds that had to accept!
Have a look at this the website news.bbc.co.uk and the article is called 5 consumer laws you really ought to know. You do have more rights that you think thanks to the EU and if you don't believe me have a look at the Europa website.

Esqui

rippedoffconsumer wrote: »

European law is harmonising consumer rights accross Europe, even if Britain and its traditional anti everything Europe stance finds that had to accept!
Have a look at this the website news.bbc.co.uk 5 consumer laws you really ought to know. You do have more rights that you think thanks to the EU and if you don't believe me have a look at the Europa website.

What? I'm pro-Europe and I know that it's misleading to mention the European directive. The points in the directive were implemented into the SoGA when it was issued.

In effect, the Sale of Goods Act IS the EU directive.

yummymummy79

Not checked all the links etc but please tell me it's not that 2 year EU warranty gubbins again? If so, can we please forget about it as it's not relevant and just carry on dealing with the correct people under the correct terms, whether that be the manufacturer under the warranty or the retailer under SOGA.

rippedoffconsumer

from the http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q1Whatisaninherentfault

Q1. What is an inherent fault?

A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.

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.

Esqui

You already copy-pasted that in this month old thread

rippedoffconsumer

Yes, thought the point was worth making again. Seeing as people seem to think EU and UK are not linked