PC World Laptop No refund....yet!

christhomas1966

On 1 Jan 2010 a laptop computer was ordered from PC on-line purchased for me by my girlfriend. This was delivered to her on 7.01.2010 by DHL (we have tracking number). From the start of using the computer the fan seemed was noisy beneath the computer from the fan, much louder than any laptop I had had before. On February 11th I tried to play a DVD but could not hear the sound very well over the computer’s noise.

I spoke to technical help who booked in the computer for immediate repair. After two weeks of waiting for any news I phoned to get an update and was told that they were waiting for a new part to be delivered (a thermostat). I waited another 2 weeks, (today) to be told that the part was still on order.If a repair takes longer than 28 days you can ask for a refund or replacement.


I, therefore, stopped the repair and asked for a refund. Technical help gave me a reference number. I called back customer services and they told me the reference number was for replacement only as I had not had the item repaired within their 28 day refund policy. I quoted the Sale of Goods Act explaining the computer was not fit for purpose and I was entitled to a full refund. The executive would not budge. I asked to speak to a manager who could authorise a refund. I was put through to the Floor Manager of the customer service department. She said the would not authorise a refund due to the 28 day policy.
I asked how I could take it further as I was happy to take PC world to court.
Eventually she gave me the address of the legal department:


PC World Customer Services
Legal Department
Customer Service Centre
P O Box 1687
Sheffield
S2 5YA



I dont think I am being unreasonable. The computer had an inherent fault hence why it was in for repair. The PC World 28 day returns policy is a 'policy' not contract law (?), and to be fair I was only a week over that. Their repair has taken them over the 28 period. I am a final year Masters Student of e-Commerce and not having a computer has caused me major problems. I have lost faith in PC World (and now want to buy a secondhand macbook).

So now I have to write to the legal department. Regurgitating the above.

Any tips??

Best regards

Chris

Esqui

The 28-day refund/replace is generally above your legal rights. In law, you have "a reasonable amount of time" to reject an item for a full refund. This is generally considered to be enough time to inspect that the item performs to standard.

Over a month from delivery, on something like a laptop, would be more than a reasonable amount of time, and hence you cannot reject. (I'm just off to place a bet that someone will argue this with me). As such, the offer of a replacement, as they cannot repair in time, would be within the law.

Also, I will point out, before someone else does, that as your girlfriend purchased it, you have no rights - she does.

christhomas1966

Thanks Esqui

I agree with you on the girlfriend part (I am trying out sort it out on her, but ultimately, my behalf).

I thought that if a good was not fit for purpose you could get a refund within 6 months.

The laptop had always made the noise. As it was marketed as a multimedia laptop. It was only when I tried to play a DVD for the first time (at week 5) that I realised that something was really wrong.

Chris

Optimist

I'm curious to know why a replacement isn't acceptable ?

Plus where did you get the information about this 28 day money back if they cant repair policy. I was under the impression this is only relevant if you take out their in house breakdown cover.

I'm not going to argue with Esqui even though he has bet on it, but I would add the proviso that given the circumstances a judge might look at things differently and award a refund. If it got that far and PCWorld turn up!

Esqui

christhomas1966 wrote: »

I thought that if a good was not fit for purpose you could get a refund within 6 months.

Nope, the 6 months refers to the period of time under which the burden of proof lies with the retailer (i.e. they have to prove it was not inherently faulty). The remedies that can be allowed are repair, replacement, or refund - but the choice lies with the retailer. As I'm sure you realise now, you should have reported it within the 4 week period!

I think common sense should really prevail here, but I must agree with Optimist - wouldn't a replacement be OK?

christhomas1966

Hi Optimist

The reason I don't want a refund is because I'm totally peeved with PC World because I've spent a lot of time chasing them regarding my repair and getting different answers to my questions. The computer I had was a refurbished one
so represented very good value for money if it had been working properly. Looking at the PC World website I cant get on with the same specs.

Regarding the 28 day repair refund replacement policy this was explained to me by several people at PC world customer services. When I originally asked for a refund I was told that I would have to wait for either my laptop to be returned it it still being faulty or I didn't receive it back within the 28 day time frame. I was not told at the time that I couldn't get a refund.
If PC World's customer services were consist in their messages then
a. I would have understood they would not be giving me a refund in the first place.
b. I would not view their comments with suspicion.

Esqui: yes you are right I should have reported it sooner. But I noise problem is not as clear cut as a hardware problem or a monitor problem. There are no standards as to what an acceptable level of noise is. As I found out after a weeks research on the web.
So I dont think the case is as cut and dried as you perhaps think. But I do appreciate your comments.

christhomas1966

(Apologies for the several typos!)