Can I get a refund?

stardog32

I bought an Acer laptop 5 days ago from Acerdirect.co.uk which seems to have a fault with the hard drive (making strange noises). I phoned Acer, wanting to organise a refund but the guy told me I couldn't, but they would collect it for checking and would repair if needbe...

Basically according to the Acerdirect website, I am entitled to a refund or exchange within 28 days if it's faulty, I would need to get a 'DOA number' from Acer. But the guy on the phone said he couldn't give me that number

I really wanted to get a refund and get a different laptop. I thought I would be entitled to a refund from the store but apparently not?

Anyone know what my rights are?

d123

if you bought it over the internet you have 7 working days to change your mind about the product and be refunded, phone them back (and email them so you have some proof) and advise them you wish to cancel the transaction for a refund in terms of the Distance Selling Regulations 2000.

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/distance-selling-regulations/

stardog32

d123 wrote: »

if you bought it over the internet you have 7 working days to change your mind about the product and be refunded, phone them back (and email them so you have some proof) and advise them you wish to cancel the transaction for a refund in terms of the Distance Selling Regulations.

Thanks, would I still be able to do that now that the laptop is not in 'new' condition though?

Also I assume I would have to pay for postage?

intranix

distant selling regs say you can return within 7 days of receiving for a full refund

p.s. i wouldn't buy another acer laptop. their service is shocking.

stardog32

Just noticed this in their 7-day return policy-

"The goods must be in an ‘as new’ condition. Software or warranties must not have been registered and must be in their original packaging with the seals intact. If the goods are not ‘as new’ we reserve the right to either reject the return or charge you a re-stocking fee which will be a minimum of 20% of the value of the goods"

d123

stard!!!2 wrote: »

Thanks, would I still be able to do that now that the laptop is not in 'new' condition though?

Also I assume I would have to pay for postage?

condition doesnt matter, it's an unconditional right in the first 7 working days

a few snippets from the .pdf in my link in my first post:

3.23
Where the DSRs give consumers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded.

Unlike when buying from a shop, the first time that a consumer will typically have an opportunity to examine goods purchased by distance means is when they receive them. The DSRs give consumers who buy by distance means more rights than consumers who shop in person.

When a distance consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way. Please also see paragraph 3.46 for further information.

The time limits for cancellation are as follows.
For goods:
their cancellation rights end seven working days after the day on which they received the goods

What specifically do I have to refund to the consumer if they cancel?

3.48
The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.


3.55
If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10.

d123

stard!!!2 wrote: »

Just noticed this in their 7-day return policy-

"The goods must be in an ‘as new’ condition. Software or warranties must not have been registered and must be in their original packaging with the seals intact. If the goods are not ‘as new’ we reserve the right to either reject the return or charge you a re-stocking fee which will be a minimum of 20% of the value of the goods"

they can say what they like for their voluntary return policy, but they cannot override the DSR's

from the end of section 3.55

You are not allowed to make any further charges, such as a restocking charge or an administration charge.

I suggest you download the full pdf and print it out to have it to hand when you phone them.

But in the interim, send the email to advise you wish to cancel in terms of the DSR so you effectively stop the clock for the return.

stardog32

jdturk wrote: »

The only get out clause they may have is if you determined what you wanted in the laptop as this would make it customised and thus not under DSR rules

Na, I didn't

Thanks for the replies. I really don't want a long battle to get my money back (had that before), I've read others have had problems with this company

Weirdlittleman

Under DSR as long as its not customised and you haven't overused or damaged it then you should be fine.


By overuse I mean in a way not directly intended or that would be classed as not "testing" suitability