Damaged laptop - consumer rights

elminio

I recently bought a laptop from Saveonlaptops.co.uk.

When I plugged an ethernet cable into the ethernet port of the laptop, the cable did not "click" into the port. With the cable inserted, I can access the internet, but the cable slides out easily as the port does not clip onto the cable. The cable is fine as it inserts properly with a click into the desktop that I own. It appeared the port is damaged.

I asked SaveonLaptops to collect the laptop and they performed checks on it. They then said that this is not classed as a fault but physical damage, and that is it almost impossible for it to come out of the factory with such damage. This implies that I damaged the port. They also said the unit will be returned to me.

What are my consumer rights?

Meepster

You say you purchased it recently? When exactly did you recieve it?

elminio

I received the laptop on the 4th July. They collected it on 8th to perform checks. They emailed me on 14th July to say it was not a fault but physical damage.

Flyboy152

Ask them to prove it.

somethingcorporate

Flyboy152 wrote: »

Ask them to prove it.

To elaborate on this under SOGA they have to prove it within 6 months of purchase as it is assumed that the fault was present at manufacture.

bod1467

Does this company only do new laptops, or do they also sell refurbs? Was it a new or refurb you bought?

Flyboy152

somethingcorporate wrote: »

To elaborate on this under SOGA they have to prove it within 6 months of purchase as it is assumed that the fault was present at manufacture.

But I think the seller is accusing the OP of misuse. Would they not have to prove so, in order to deny a rejection?

Dave101t

the seller isnt going to even break a sweat on this without an engineers report. as it works, im sure the op will just use it.
this is the problem with dodgy website sales.

elminio

bod1467 wrote: »

Does this company only do new laptops, or do they also sell refurbs? Was it a new or refurb you bought?

This company also sell what they call "open box" laptops, which I think are returned laptops or similar. The laptop I bought was for a brand new one.

somethingcorporate wrote: »

To elaborate on this under SOGA they have to prove it within 6 months of purchase as it is assumed that the fault was present at manufacture.?

What is it that they have to prove? That it was damaged by mis-use or that it was in good condition before delivery?

Also, this was an online purchase, would this make any difference to the legislations?

somethingcorporate

Flyboy152 wrote: »

But I think the seller is accusing the OP of misuse. Would they not have to prove so, in order to deny a rejection?

Yes, that is my point. They (the seller) need to prove the item was not manufactured with this fault. I guess by either proving / demonstrating it was damaged by misuse (engineers report??) or that it arrived with the OP in perfect condition (impossible to do!).

Although by the sounds of it they may not play ball, which means you may need to take them to the small claims court to enforce your rights.

The fact you bought on the internet makes no difference now you have "accepted" it.

alistair.long

If you have not had the laptop for more then 7 days with you, I would demand a refund.

You are as the other posters state have to be provided with a report as the fault has to be explained, and you donot have to pay for this as it is within the first 6 months,

The fact is that you have a minor defect, a ethernet port must hold onto the cable, otherwise it is not fit for purpose and a reson to have a refund.
A breach of a condition of a contract enables a person to be placed back into the position they were in before the contract was formed.

Perhaps you want to send the following to them.

Under the Sales of Goods and Services act 1979 S14(6) makes a breach of S14(2) and therefore entitles me to a full refund of the item as there has been a breach of contract.

Please refund me within 10 days or I will take this matter further.
Please do not return the item to me if it is not fit for purpose.