Can I return faulty Dell laptop?

notanexpert1

I received my Inspiron R15 SE7520 laptop 2 weeks ago today and since that time it has crashed at least 10 times. When I say crashed it has done a variety of things: the screen has gone black, it has beeped, the screen has been covered with odd symbols. Sometimes I've been able to restart it simply by turning it off and then back on. On one occasion it took 2 hours to restart and this morning it has just turned itself off repeatedly despite it doing 2 system restores and I have given up.
On the Dell website it says you can only return a machine within 7 days of receipt but I am hoping that this isn't actually so and that I can return it. I would be grateful if anyone knows the correct legal position.
Thanks.

2010

http://support.euro.dell.com/support/emailcustomercare/emea/index.aspx?c=uk&cs=ukdhs1&l=en&s=dhs

Email support who will send someone out to fix it.

unholyangel

the 7 days related to unwanted goods (distance selling regulations) as opposed to faulty goods (which is the SoGA).

notanexpert1

2010 wrote: »

http://support.euro.dell.com/support/emailcustomercare/emea/index.aspx?c=uk&cs=ukdhs1&l=en&s=dhs

Email support who will send someone out to fix it.

Many thanks for that info. However, I really don't want the machine any more. It's caused so much trouble in my short acquaintance with it, I suspect it will continue to do so!

notanexpert1

unholyangel wrote: »

the 7 days related to unwanted goods (distance selling regulations) as opposed to faulty goods (which is the SoGA).

Ah, that's what I was hoping perhaps it might be although I think they try not to accept that. I don't like confrontation, so I'm not enjoying contacting them. I'm thinking perhaps the best thing might be to write, recorded delivery, to their office in Bracknell? I'm just not certain quite what I should do. I really don't want it mended as I've read a lot of horror stories - I just would like to return it and get my money back.

notanexpert1

Well I thought I'd update. I sent emails yesterday to Dell Technical Support and Customer Complaints asking for a refund and collection of the machine. Last night I had one more go at trying to start it, having tried innumerable times during the day. This time I removed the battery, memory cards and hard disc - literally took them out and put them straight back in. Started the laptop and it started beeping again. I turned it off and decided to turn it on once more - this time it started! I opened it in safe mode and then did a system restore when prompted (I'd done several previously - the last time it shut itself off in the middle) - this time it went through, then I did a couple of system repairs when asked and it opened up properly! It still produced some notifications of files which it couldn't open and were faulty, so I googled a bit and then set it to repair its I think it was Network 4 files or something like that - a couple of them. The fault notifications still came up so I closed the machine and Windows updated 17 files - took ages. Anyway, this morning, it seems to be working normally! I am amazed. However, I don't know whether I can trust it or whether it will all happen again - also I don't know whether Dell will reply to me or not. I suppose I should just wait and see? Anyone's thoughts/comments would be appreciated!

tyllwyd

We're in a similar situation - a laptop which has died after 6 weeks. My OH is adamant that he doesn't want a repair, he wants a replacement or refund because he believes that opening up the laptop and messing around inside opens up the possibility of something else being damaged. The Sale of Goods Act 1979 says that something must last 'a reasonable amount of time' and the website we bought from is saying that their cut off for anything more than a repair is 28 days. We tried to get a credit card refund, but Barclaycard weren't being particularly helpful, and pushed us to accept a repair. He phoned trading standards, who couldn't give us a definte answer on what was a reasonable amount of time, but were encouraging that 6 weeks was not reasonable, and recommended that we sent a letter recorded delivery rejecting the laptop and asking for a refund. We've done that, and are now waiting for a response!

So I'd say that 2 weeks is definitely not a reasonable amount of time, and if it was us in your situation we'd be pushing for a full refund. I wouldn't mess around trying to fix it - you might end up with a machine that appears to work, then fails again a few months later and you'd be in a weaker position when it comes to getting help or your money back from the retailer.

notanexpert1

tyllwyd wrote: »

We're in a similar situation - a laptop which has died after 6 weeks. My OH is adamant that he doesn't want a repair, he wants a replacement or refund because he believes that opening up the laptop and messing around inside opens up the possibility of something else being damaged. The Sale of Goods Act 1979 says that something must last 'a reasonable amount of time' and the website we bought from is saying that their cut off for anything more than a repair is 28 days. We tried to get a credit card refund, but Barclaycard weren't being particularly helpful, and pushed us to accept a repair. He phoned trading standards, who couldn't give us a definte answer on what was a reasonable amount of time, but were encouraging that 6 weeks was not reasonable, and recommended that we sent a letter recorded delivery rejecting the laptop and asking for a refund. We've done that, and are now waiting for a response!

So I'd say that 2 weeks is definitely not a reasonable amount of time, and if it was us in your situation we'd be pushing for a full refund. I wouldn't mess around trying to fix it - you might end up with a machine that appears to work, then fails again a few months later and you'd be in a weaker position when it comes to getting help or your money back from the retailer.

That's what I'm worried about although it's working totally normally so far. I've got it turned on and am keeping it on but I'm not using it other than I have mail open on it. I just am concerned that the faults will reappear and certainly yesterday I tried to turn it on more or less all day and had no success until very late last night. I wonder what to do if Dell don't reply.

Buzby

The computer is covered under warranty, the software is not. It is not uncommon for the new user to d/l software that causes the problem, and none of this is the manufacturer's fault and actionable under SOGA. Buyer remorse is the most usual issue and the firms know this. If they re flash the HD to factory state (at your cost) and the fault goes - what then?

The consumer has no rights that can be meaningfully addressed in this situation unless there is a verifiable physical fault (screen, DVD, HD etc) that requires attention.

unholyangel

Either keep the laptop or fight for a refund under 34. Buyer’s right of examining the goods and 35. Acceptance.

Which state that more or less, you have a statutory right to examine the goods to see whether they conform to contract. Acceptance generally occurs in 1 of 3 ways. You tell them you accept it, you do something to/with them that is inconsistent with the retailer still being the owner. Or, when a reasonable length of time passes without you telling the retailer you reject them.

What is a reasonable time is a question of fact and it will vary depending on the nature of the goods. You wouldnt need as long to examine a spoon to see whether it conforms to contract compared to a tv for example.

Was the computer actually like that from start up or had you installed any programs? If you still have error codes etc, it might be worth a google/post on the techie board or even the PC advisor forums to see if anyone can pinpoint what the fault is and whether its a software or hardware issue.

unholyangel

Buzby wrote: »

The computer is covered under warranty, the software is not. It is not uncommon for the new user to d/l software that causes the problem, and none of this is the manufacturer's fault and actionable under SOGA. Buyer remorse is the most usual issue and the firms know this. If they re flash the HD to factory state (at your cost) and the fault goes - what then?

The consumer has no rights that can be meaningfully addressed in this situation unless there is a verifiable physical fault (screen, DVD, HD etc) that requires attention.

Well under SoGA you wouldnt take action against the manufacturer, it'd be against the retailer. Your rights for the warranty are with the manufacturer. Your rights for the SoGA are with the retailer.

Regardless even if it were a software issue, within the first 6 months of purchase, the onus is on the retailer to prove the fault was the result of misuse. Plus the consumer would also have a case if they had provided the laptop with the conflicting software - ie it would be inherent and not the result of misuse or natural wear n tear.