can anyone help - sony laptop from argos

liz1974

hi

i'm hoping someone on here can advice me a little as to what my rights are....
i brought a sony vaio laptop from argos on 31st october last year as a present for my daughter who is studying a graphic design at collage. recently it has developed a fault and keeps shutting down the laptop was on offer at the time and cost £410.00. ive been in touch with both argos and sony who refused to look at the laptop and just told me its out of the 1 year warentee. contacted trading standard who told me to get an independant report which ive done and been told there is an issue with the motherboard gobne back to argos and all they have offerd is a £200.00 refund am i not entitled to a full refund as its a manufactures fault surely a laptop is meant to last more than 13 months

would appreciate any help with this matter

wiogs

What is the issue with the motherboard? Is it a design fault, in which case it could happen to all the laptops that use it or has it developed a fault?

liz1974

The shop i have had the report from said that its developed a fault, hence why the laptop will only stay on fro half hour maximum before the laptop shuts off.

StuieUK34

http://news.bbc.co.uk/1/hi/magazine/8253915.stm

I'd speak to ConsumerDirect on the phone and ask them what the process is to get this issue resolved.
Goods I mean't to last longer than 1 year, read the above...

wealdroam

liz1974 wrote: »

hi

i'm hoping someone on here can advice me a little as to what my rights are....
i brought a sony vaio laptop from argos on 31st october last year as a present for my daughter who is studying a graphic design at collage. recently it has developed a fault and keeps shutting down the laptop was on offer at the time and cost £410.00. ive been in touch with both argos and sony who refused to look at the laptop and just told me its out of the 1 year warentee. contacted trading standard who told me to get an independant report which ive done and been told there is an issue with the motherboard gobne back to argos and all they have offerd is a £200.00 refund am i not entitled to a full refund as its a manufactures fault surely a laptop is meant to last more than 13 months

would appreciate any help with this matter

Yes, the laptop is expected to last more that 13 months, and Argos have recognised that.

If Argos thought the life of the laptop was only 13 months, they would not have offered any refund at all.

Under the Sale of Goods Act, once you have proved that the problem is inherent (and Argos appear to have accepted that your independent report shows that), then the seller must provide a remedy which could be either a repair, replacement or refund.
You can chose the remedy, but you cannot force the seller to provide a remedy that is disproportionate.
It appears that Argos have decided that a refund is the most cost effective remedy for them.

SoGA allows any refund to be reduced to take account of the use you have had.

So Argos have offered a partial refund of just under 50% of the purchase price, which might indicate that they consider the life of the product to be two years or more.

If I were you I would be writing to Argos stating that £200 is not acceptable and suggesting a figure more to your liking... maybe £250 or even £300 if you dare.

But realistically you are not going to get a full refund as you must expect to pay something for the thirteen months use you have had.

WTFH

liz1974 wrote: »

The shop i have had the report from said that its developed a fault,

OK, it has developed a fault, not "it has an inherent design fault".
What is the fault it has developed? The independent report should give you that.
Does the report say how the fault developed?

e.g. if the fault is due to how the laptop has been used, then while other well-meaning souls on here may tell you about your rights, the reality is that the supplier/manufacturer could claim misuse.

Here are a few examples:
If you use your laptop with it resting on soft furnishings, such as a bed or cushion, and it's on for long periods of time, it will overheat. It can't get enough air in to cool down.
If you use a laptop in dusty conditions, again, it may overheat.
If you use it in the rain, it will get wet.
If you have cables attached to it which are forced at sharp angles, that can damage connectors.


Without knowing the exact nature of the fault, any advice you get on hear is just vague guesswork and should not be used to get your hopes up (or down).

neilmcl

WTFH wrote: »

OK, it has developed a fault, not "it has an inherent design fault".
What is the fault it has developed? The independent report should give you that.
Does the report say how the fault developed?

e.g. if the fault is due to how the laptop has been used, then while other well-meaning souls on here may tell you about your rights, the reality is that the supplier/manufacturer could claim misuse.

Here are a few examples:
If you use your laptop with it resting on soft furnishings, such as a bed or cushion, and it's on for long periods of time, it will overheat. It can't get enough air in to cool down.
If you use a laptop in dusty conditions, again, it may overheat.
If you use it in the rain, it will get wet.
If you have cables attached to it which are forced at sharp angles, that can damage connectors.


Without knowing the exact nature of the fault, any advice you get on hear is just vague guesswork and should not be used to get your hopes up (or down).

All of which is irrelevant as Argos have accepted it as a manufacturing fault and are now offering a remedy. The issue here is the OP was expecting a full refund which I'm afraid they're not entitled to. However I'd argue that the partial refund offered is far too low and should be rejected for something more realistic.

WTFH

neilmcl wrote: »

All of which is irrelevant as Argos have accepted it as a manufacturing fault and are now offering a remedy.

By my reading, the OP hasn't said that Argos have accepted it is a manufacturing fault.
I think it's the grammar/punctuation of the sentence that is confusing.

liz1974 wrote: »

contacted trading standard who told me to get an independant report which ive done and been told there is an issue with the motherboard gobne back to argos and all they have offerd is a £200.00 refund am i not entitled to a full refund as its a manufactures fault surely a laptop is meant to last more than 13 months

I believe there should be a full stop after "refund", then a captial A in "am".
The report has said there is an issue with the motherboard - exactly what, we don't know, nor do we know if the report says it is a manufacturing fault.

Perhaps they have accepted it as a manufacturing fault, but the way the post is written it's very difficult to tell.

liz1974

in reply to your questions
firstly i think i need to go back to where i have had the report done and ask them to the fault.
as regards to how its used call me old fashioned but i don't allow laptops in bedrooms more for my daughters saftey and the fact i can see what the laptop is being used for. its only used in the dinning room or on the living room table and has never been used outside. the only thing thats been plugged into her laptop using a cable is her phone. if she is just browsing the internet or playing a game or using face ache she uses her ipad. its also kept in a protective bag and stored in the cupboard in the dining room. its mainly used for her collage work. yes i have tried to google the fault but i'm a bit of a technophobic and don't really understand computers. If I were in argos' shoes yes i would want to make sure the claim was not false. but i do believe that 13 months usage is not acceptable. All i want to know is what my legal rights are and if what they have offered is correct

liz1974

Thanks for your help guys went back to Argos and argued my case got £345.00 pound refund.

visidigi

Excellent result, you did well

Thanks for coming back to share the outcome, always nice when people take the time