Restocking Fee

pcombo

Ok, I bought a monitor last wednesday, got it thursday worked fine come friday i noticed 2 dead pixels so after using for 24 hours i get this, which shouldn't happen to soon.

Question is company i bought it from start quoting me all this EU law regarding dead pixels etc.

The company say they charge restocking fees like 10% or 20% i forget, Surely they cant charge me this because of faulty monitor.

I refuse to pay £10 or £20 etc for them to put the box back on the shelf.

timbstoke

You probably can't reject under SOGA if the dead pixel count is within reasonable tolerances, but you can still return under the DSR's, which do not allow a restocking fee to be charged (although you are responsible for the cost of return). Point out the relevant clauses to the company and make it clear that you intend to return the goods under the Distance Selling Regulations, which require you to be given a full refund including delivery cost.

neilmcl

Did you buy the monitor online?

unholyangel

timbstoke wrote: »

You probably can't reject under SOGA if the dead pixel count is within reasonable tolerances, but you can still return under the DSR's, which do not allow a restocking fee to be charged (although you are responsible for the cost of return). Point out the relevant clauses to the company and make it clear that you intend to return the goods under the Distance Selling Regulations, which require you to be given a full refund including delivery cost.

What would a reasonable person expect the dead pixel "tolerance" to be? You have to remember, SoGA specifically states what a reasonable person would find acceptable determines what is of "satisfactory quality". What a consumer may find acceptable and what a retailer/manufacturer may find acceptable are not necessarily one in the same. Personally I'd expect anything I buy as new to be free from minor defects. However, I tend to go for higher end equipment so it really depends what "class" of monitor it is as they all have different amounts of "acceptable" pixel defects. From what i've read, HP have one of the best policies concerning pixel defects as they do not tolerate any dead pixels (and it so happens, its a HP monitor I have)

However, that still doesnt mean that the monitor is necessarily of satisfactory quality. That will probably depend most on size/spec/brand vs price paid.

Might be worth complaining to head office or perhaps a telephone call to consumer direct to enquire as to whether they can reject a "not of satisfactory quality" claim under SoGA in favour of their own guidelines.

Bradden

timbstoke wrote: »

You probably can't reject under SOGA if the dead pixel count is within reasonable tolerances, but you can still return under the DSR's, which do not allow a restocking fee to be charged (although you are responsible for the cost of return).

Can you still reject goods under DSR even if the product has been used?

bris

Yes, you used it to test it, didn't like it and can now reject it under DSR, getting the company to allow without a fight it is another matter.

Was it a business purchase? You can't reject it if it was a B2B transaction, different laws apply to that and they can charge a reasonable restocking fee.

Equaliser123

Where was the business based?

shaun_from_Africa

unholyangel wrote: »

What would a reasonable person expect the dead pixel "tolerance" to be? You have to remember, SoGA specifically states what a reasonable person would find acceptable determines what is of "satisfactory quality".

There is actually an international standard for the amount of pixels that are allowed to be defective, and whilst this isn't a legally binding standard, it might be what Trading Standards will accept.

To regulate the acceptability of defects and to protect the end user, ISO have created a standard for manufacturers to follow. ISO 13406-2 recommends how many defaults are acceptable in a display before it should be replaced, within the terms & conditions of warranty. All reputable manufacturers conform to and support the ISO 13406-2 standard.

http://www.acomputerportal.com/pixel_defects.pdf

bris

Here is the different policies the manufactures use
http://www.tested.com/news/we-uncover-the-dead-pixel-policies-for-every-major-lcd-maker/1337/

unholyangel

shaun_from_Africa wrote: »

There is actually an international standard for the amount of pixels that are allowed to be defective, and whilst this isn't a legally binding standard, it might be what Trading Standards will accept.

http://www.acomputerportal.com/pixel_defects.pdf

I know there is. But like i said in my post, the SoGA specifically states:
(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.


Hence why I said what a reasonable person would tolerate and what industry guidelines are are not necessarily the same

pcombo

yea the monitor was bought online.