Bought acer laptop yesterday. Couple of faults. Can I get a refund?

woodendummy

Hi, I paid £680 (this includes £10 next day delivery) for an acer 5750G laptop from simplyacer.

I have opened and used the laptop but have noticed a couple of the keys are slightly wonky! Also, the button under the trackpad is not flush and has an extra click when pressed lightly on the left side.

I have deleted some games software that comes with the package and I have already paid and downloaded for Internet security.
I have sent the company an email and so far (a couple of hours later I have no reply).
I would like to know what my rights are and if I can expect a refund.

Thanks

Chris

stilltheone

Why would expect them to reply between 7am and 9am on a Saturday morning??

You have seven days to change your mind in any case when you buy certain products online. If the product is faulty/not of the quality to be expected, the retailer has to pay/refund any return postage costs.

You can easily perform a Factory Restore via the ACER eRecovery Restore function before returning the product. This will return the software to how it was when the product arrived.

Read their Returns Policy and follow it to the letter. It is written that you have to call, so call. Don't give them a reason to baulk.

stilltheone

Read more; here and here.

wealdroam

stilltheone wrote: »

Read more; here and here.

Better still read the UK version...

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

In there you will find that the seller probably does not have to pay the cost of getting the goods back to them.

Page 27 of that guide says...

Who pays for returning the goods if the consumer cancels an order?
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. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

Most online retailers are aware of this.

stilltheone

wealdroam wrote: »

Better still read the UK version...

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

In there you will find that the seller probably does not have to pay the cost of getting the goods back to them.

Page 27 of that guide says...

Most online retailers are aware of this.

They do if the product is faulty or not of merchantable quality. Which is what the OP has suggested. Same page 27 Paragraph 3.57.

Whether the seller accepts the product fits this description remains to be seen.

woodendummy

Wow thanks for the response guys I really appreciate this. It's good to know there are people to go to in matters such as these.

Regarding the phone call, simplyacer is only open mon-fri it says on their recorded system when I called. So I tried box.co.uk and I couldn't get through so should I speak to them seeing as they operate under the same umbrella?

Regards the email I wasn't expecting a reply but I thought it best to send them something anyway lol!
Tbh I'm not overly concerned with paying for a return as long as all ends well(even though of course I would love for simplyacer to cover it!!).

Again thanks for the info I will let you guys know how it goes.

Chris

moonrakerz

TBH, it might be better if the OP just returns it under DSR, even if they have pay return carriage, rather than return it as "faulty". This will prevent any on-going "discussion" about refund/replace/repair/not my problem, etc, etc,. etc !

wealdroam

moonrakerz wrote: »

TBH, it might be better if the OP just returns it under DSR, even if they have pay return carriage, rather than return it as "faulty". This will prevent any on-going "discussion" about refund/replace/repair/not my problem, etc, etc,. etc !

Yes, that's my view too.

stilltheone

moonrakerz wrote: »

TBH, it might be better if the OP just returns it under DSR, even if they have pay return carriage, rather than return it as "faulty". This will prevent any on-going "discussion" about refund/replace/repair/not my problem, etc, etc,. etc !

From their website:

Please note, all items returned would need to be exactly in their original condition including unopened packaging and any other accessories they may have come with.

So an argument might ensue anyway. Either way, the OP has rights within DSR and should make sure that he quotes them during the telephone call and subsequently again via email including any RMA number given during the telephone call. All to be completed within seven days of receipt of the item. This coming Monday will be fine.
This should help to cut down on any squirming that might take place.

woodendummy

Aah in my email to them I explained that there were a couple of faults so do u guys see this being a problem?

derrick

stilltheone wrote: »

From their website:
Quote:
Please note, all items returned would need to be exactly in their original condition including unopened packaging and any other accessories they may have come with.

So an argument might ensue anyway. Either way, the OP has rights within DSR and should make sure that he quotes them during the telephone call and subsequently again via email including any RMA number given during the telephone call. All to be completed within seven days of receipt of the item. This coming Monday will be fine.
This should help to cut down on any squirming that might take place.

Doesn't matter what their T&Cs say if it denies your statutory rights, (DSR).

From the legal perspective;-

"From page 28; -
Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point. Unless one of the specific exceptions referred to above at paragraph 3.38 applies, consumers can exercise their right to cancel a contract and return the goods to you. The DSRs do not link cancellation rights with a supplier’s ability to resell items as new."


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