Obtaining a refund on defective lap top from Amazon Seller

visidigi

George_Michael wrote: »

Don't forget what Trading standards state about a reasonable time:


&


http://sogahub.tradingstandards.gov.uk/sites/default/files/insession_pdf.pdf


An impartial person my well consider that as the laptop was bought as a present and it would not be reasonable for the purchaser to fully imspect and test it before wrapping it up, 6 weeks is a reasonable time.

All may well, could, might, etc. Its not a valid S75 claim. Period.

Fairydust75

Thanks all, I'm still confused.

However, there is the Sale and Supply of Goods to Consumers Regulations (2003) which states: From 31st March 2003, consumers have new rights under the Sale and Supply of Goods to Consumers Regulations 2002.

Under the new rules, if the goods did not conform to the contract of sale at the time of sale ( i.e. one of the 4 rules at the start of this section is breached) the consumer buyer has the right to choose depending on the circumstances (within reason) which of the four new remedies of repair, replacement, discount or rescission to go for.

"If the goods are found to be faulty during six months after purchase the new law says they are considered to have been faulty at the time of sale unless the seller can prove otherwise. After that six month period the position is the same as it was before 31st March 2003 and the consumer must prove that the goods were faulty at the time of sale."

At the end of the day, I just want my son to have his Christmas present back, in full working order, even if this means a full refund and we buy another product. I am concerned that given a replacement product, the same thing could happen - say he accidently leaves it on and we aren't in the house?

I'm really not sure what to do...

Fairydust75

Why would the retailer require me to contact HP to get a number? Surely I would return the laptop to them, they refund me, they sort it out with HP?

It seems you read one thing and the retailers have completely different ideas!

visidigi

Fairydust75 wrote: »

Thanks all, I'm still confused.

However, there is the Sale and Supply of Goods to Consumers Regulations (2003) which states: From 31st March 2003, consumers have new rights under the Sale and Supply of Goods to Consumers Regulations 2002.

Under the new rules, if the goods did not conform to the contract of sale at the time of sale ( i.e. one of the 4 rules at the start of this section is breached) the consumer buyer has the right to choose depending on the circumstances (within reason) which of the four new remedies of repair, replacement, discount or rescission to go for.

"If the goods are found to be faulty during six months after purchase the new law says they are considered to have been faulty at the time of sale unless the seller can prove otherwise. After that six month period the position is the same as it was before 31st March 2003 and the consumer must prove that the goods were faulty at the time of sale."

At the end of the day, I just want my son to have his Christmas present back, in full working order, even if this means a full refund and we buy another product. I am concerned that given a replacement product, the same thing could happen - say he accidently leaves it on and we aren't in the house?

I'm really not sure what to do...

SoGA allows for one of three resolutions, repair, refund or replacement, you can request one of these three, but the seller is entitled to refuse if the requested option is disproportionately more expensive.

The cheapest for the seller on this occasion is to have the item repaired. This is why they have asked you to speak to HP. Now you could make the seller doe this for you, you could return it to them and asked them to get it fixed, but that is merely delaying the process of you getting the item repaired and back in the hands of your son.

As for the coulda, woulda, shoulda question of getting another and it being in the house when you aren't this could happen to anything at anytime.

In every item that is manufactured there is a % which will fail in any period of time, this is why companies offer warranties in excess of your statutory rights.

Having had my HP laptop repaired I was exceptionally impressed with the service given - It was sent and back, full repaired and cleaned in less than 7 days.

Fairydust75

But surely this item should not have been defective in this way within a couple of hours of it being used?! In this case, I do not think a repair is justified - if I had had it for almost the two years of the warranty fair enough but not two hours!!

shaun_from_Africa

Unless it was a fairly expensive laptop, you might well that that HP simply replace it instead of a repair.

From what you have described, it sounds at the very least it will need a new case, new screen and a new webcam and if they do decide to replace it then you may well get the replacement back within a couple of days of sending your one away.

There is certainly no harm in trying for a refund from your credit card company but this may well drag on for a fair time before anything is decided.

Fairydust75

I should hope so. It cost £423, so reasonably priced - it's a touchscreen model.

visidigi

Fairydust75 wrote: »

But surely this item should not have been defective in this way within a couple of hours of it being used?! In this case, I do not think a repair is justified - if I had had it for almost the two years of the warranty fair enough but not two hours!!

You didn't have it two hours. You had it 6 weeks.

Its not how much you use it in the time you have it, but how long you have it. The amount of use any item has is not always a direct correlation to its failure rate.

The retailer is entitled to take your item back, call HP, have it repaired and return it to you - and then you get to the point of how long is reasonable to allow them to do that - a word of warning - if you pursue rejection of the goods on the idea of the amount of time you have had it then, if the retailer accepts this they have 30 days to refund your monies - its not impossible, but it certainly would be as hard to achieve as a S75 refund.

If your true interest here is to expedite the situation of your son having a missing present then I would heartily recommend you begin the repair process of the laptop.

Fairydust75

I will contact HP later but I'm not in the least bit happy about this. In my opinion, I was sold a faulty lap top. As the Sale and Supply of Goods to Consumers Regulations states, it is therefore assumed that this lap top was sold in its faulty state.

You would not reasonably expect a lap top to overheat within 6 weeks, regardless. So there would be no need for repair, only replacement. If they replace, that's better than nothing. I doubt I would be happy with a repair.

shaun_from_Africa

I doubt I would be happy with a repair

If they do repair it, what you get back will have all new parts fitted to replace the damaged bits (case, screen etc,) and the rest of the laptop will only have been used for the 2 hours that you had it so in reality it will be no different to a brand new machine.

As the Sale and Supply of Goods to Consumers Regulations states, it is therefore assumed that this lap top was sold in its faulty state.

But this same act also gives the retailer the option to repair, replace or refund. You can chose whicever option you prefer but they can ignore this request if your choice is disproportionatly costly compared to one of the others.