Returning faulty laptop to Tesco

odyseus

What fun and games..I knew in advance that this would be problem..

Bought a laptop for our son a year ago from Sainsbury's but failed after 2.5 months, they refunded (because they didn't have a replacemnet) without any issues (Good for Sainsbury's).

So we thought we would now get the same model laptop (Acer) from Tesco direct.
Now the hard drive has just failed after 7 months.

My wife checked that we could contact Tesco Direct or bring it back to a Tesco store. So we took it back today (Bursledon SuperStore) armed with a copy of Martin's SOGA leaflet.

We went to the techno counter where immediately the woman said we should deal with Tesco Direct and not them. My wife said this was rubbish and so the young lad was told to ring Tesco Direct on our behalf.

Low and behold, he was told that we had to deal with Acer directly, at which point I showed him the SOGA leaflet. The women then told the lad to get a manager.

The manger arrived explaining Tesco's policy was only to refund/exchange up to 30 days and after that we had to deal with Acer directly. I showed him the SOGA which specifically stated that the retailer has to deal with this and not the manufacturer. Again, he kept repeating what Tesco policy was and how he'd checked this with another manger before talking to us.

After much talk between themselves, they reluctantly agreed to arrange for Acer to collect the laptop from the Tesco store, as a special concession to us!!

At least now we don't have to wait in for an Acer courier to collect the faulty laptop. The manager said he would arrange for the repaired to laptop to be delivered to a store of our choice(So we wouldn't have to wait in for the laptop to be returned).

What annoys me, was that the Tesco staff were adamant that they were in the right and only believed the Tesco store policy. Seems that some super market's and stores can get away with floughting the SOGA with impunity??

Just as well we had a copy of Martin's SOGA leaflet!!

unholyangel

Technically they are different companies. Its not uncommon when going retail vs online.

However you may want to bear in mind that after the first 6 months, it is for the consumer to prove the fault is inherent if they wish to enforce their rights under SoGA.

Aristotle67

unholyangel wrote: »

Technically they are different companies. Its not uncommon when going retail vs online.

However you may want to bear in mind that after the first 6 months, it is for the consumer to prove the fault is inherent if they wish to enforce their rights under SoGA.

Of course you are right about the six month rule, unholyangel; though, as in another thread to which you and I have contributed, we have the issue of reasonable expectation as to durability under s14 (2). I doubt anyone would expect a brand new hard drive to fail after just seven months of normal use.

shaun_from_Africa

I doubt anyone would expect a brand new hard drive to fail after just seven months of normal use.

But how does anyone know that the laptop in question has had normal use? (I'm not saying this is the case here)

This is why the consumer can be asked to prove that the fault was due to a manufacturing defect.
If this requirement wasn't in place, anyone could buy a laptop (or any other consumer item), use it for a year or so, during which time it was heavily abused or not used in accordance with the instructions, then return it and expect a refund or free repair.

pmduk

odyseus wrote: »

What annoys me, was that the Tesco staff were adamant that they were in the right and only believed the Tesco store policy. Seems that some super market's and stores can get away with floughting the SOGA with impunity??

I appreciate your annoyance, but you can't really blame the staff for following the instructions laid down by their employer. It seems, certainly in this area, Tesco have long felt themselves above any laws that don't suit them.

neilmcl

Aristotle67 wrote: »

Of course you are right about the six month rule, unholyangel; though, as in another thread to which you and I have contributed, we have the issue of reasonable expectation as to durability under s14 (2). I doubt anyone would expect a brand new hard drive to fail after just seven months of normal use.

That's two separate issues. Yes, you're entitled to expect reasonable durability from a product, nobody states otherwise, but that said after 6 months the onus is on you to proof that this hasn't happened, rather than the item failing because of excessive wear & tear or misuse.

lucy03

odyseus wrote: »

The manger arrived explaining Tesco's policy was only to refund/exchange up to 30 days and after that we had to deal with Acer directly. I showed him the SOGA which specifically stated that the retailer has to deal with this and not the manufacturer. Again, he kept repeating what Tesco policy was and how he'd checked this with another manger before talking to us.

After much talk between themselves, they reluctantly agreed to arrange for Acer to collect the laptop from the Tesco store, as a special concession to us!!

Just looking at the terms and conditions, Tesco do ask that consumers with laptops phone them on their help-line so they can advise on the next course of action, so under those circumstances they're probably much clearer on what actions they need to take to comply with their terms and conditions and the law.

I'd also say that the SOGA doesn't necessarily mean consumers can go into a store after six months and still demand a refund or repair free of charge. After six months the consumer may need to prove it was an inherent fault, it may be that the consumer has damaged the product and so isn't entitled to a repair, and so on. It's just additional consumer legislation that can be used when negotiating a resolution with a retailer and to assert the rights granted in it consumers may need to take the retailer to court.

odyseus

A couple of points here..
(1) The laptop is covered by a 1 year warranty, so after 7 months it should be repaired in any case. A completely dead HD is not the result of wear and tear??
(2) Yes Tesco ask customer to ring first, IF the item has failed on delivery after that you have the choice.
(3) As the SOGA says in another section on this forum..
When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!
If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.
It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.

Tesco were trying to do just that ie get us to arrange a repair with Acer directly, when it it clearly the responsibility of Tesco (ie the retailer) to arrange this - remember the laptop is still under warranty?? We are quite happy for Tesco to request a repair from Acer but I don't see why we should have to take time off waiting for collection and delivery of the faulty laptop??

fozmcfc

I agree it should be repaired under warranty and that Tesco can deal with it for you.

But sometimes it is easier just to go to the manufactuer direct, thus cutting out the middle man.

Yes you could argue about, taking time of waiting for collection and delivery. But you've still had to go to the store, you're now relying on Tesco not keeping it for 2 weeks before sending it off and then you'll still have to wait for delivery or make another trip back if the laptop is returned direct to Tesco.

Sometimes it is simply easier to deal direct, rather than go through a middle man, but I agree that Tesco should have assisted as it is still under warranty.

lucy03

odyseus wrote: »

A couple of points here..
(1) The laptop is covered by a 1 year warranty, so after 7 months it should be repaired in any case. A completely dead HD is not the result of wear and tear??
(2) Yes Tesco ask customer to ring first, IF the item has failed on delivery after that you have the choice.
(3) As the SOGA says in another section on this forum..
When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!
If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.
It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.

Tesco were trying to do just that ie get us to arrange a repair with Acer directly, when it it clearly the responsibility of Tesco (ie the retailer) to arrange this - remember the laptop is still under warranty?? We are quite happy for Tesco to request a repair from Acer but I don't see why we should have to take time off waiting for collection and delivery of the faulty laptop??

If the item has come with a one year warranty that can often be something operated by the manufacturer, not the retailer. The retailer might be ultimately responsible legally, but it's often easier for consumers to have the option of returning directly to the manufacturer, it's usually just quicker. I'm not surprised Tesco advise to go straight to the manufacturer, although I agree it's poor if they've told you initially that was your only option.

Tesco probably were trying to get you to arrange a repair with Acer. Sometimes manufacturers can fix problems over the phone, and can send out replacement parts for some items without needing to even send a unit back. Although these might not be relevant in your case, for many consumers it makes sense for the manufacturer to deal with it. Trying to arrange collection and return of the unit is often easier if arranged directly.

None of this means that the retailer isn't ultimately responsible and consumers might insist on bypassing the systems set up by retailers if they prefer, but it's not necessarily irresponsible or buck passing if retailers offer choices to deal with manufacturers directly.

pulliptears

Tesco Direct and Tesco Stores are 2 separate entities. a Tesco Store isn't equipped to deal with returns from direct.

Tesco were trying to save you time I imagine. Easier to send the machine back to Acer directly than have to send it back to Tesco Direct then wait again whilst Tesco Direct send it back to Acer.

I suspect that being 'armed with a copy of SOGA' and your wife telling the person on the tech desk he was talking rubbish probably did little to bolster your case.