Obtaining a refund on defective lap top from Amazon Seller

visidigi

If that's your opinion then tell the retailer you want to reject the goods.

You'll have to fight for a long time - and it won't make you any happier.

You would be surprised how many items you have already bought as new that failed QC and were repaired before leaving the factory.

The repair process is quick. If its not cost effective they will replace it. If you want to know what they end up doing take a note of your serial number before you send it in, you can then check if its different when you receive a machine back.

neilmcl

visidigi wrote: »

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

You're just not getting it. As already explained the OP purchased this as a Xmas present and therefore a reasonable period for them to fully inspect and reject the item outright would include the time from the date of purchase up to the time shortly after giving it as a present.

OP, if you want a full refund you need to get back to the seller and explain clearly that your contract is with them and under the terms of the SOGA you are rejecting the laptop for a full refund as it does not conform to contract. However, if you simply want a replacement or repair then yes probably the quickest solution would be to contact HP directly.

Fairydust75

Thanks neilmcl. I have already said that to them. I have explained that my contract is with them but they still insist on ringing HP.

I will speak to my husband about this after I finish work and take it from there.
Cheers

neilmcl

Fairydust75 wrote: »

Thanks neilmcl. I have already said that to them. I have explained that my contract is with them but they still insist on ringing HP.

I will speak to my husband about this after I finish work and take it from there.
Cheers

Consider sending an LBA (letter before action) and continue with the S75 claim if the refund is what you really want.

visidigi

neilmcl wrote: »

You're just not getting it. As already explained the OP purchased this as a Xmas present and therefore a reasonable period for them to fully inspect and reject the item outright would include the time from the date of purchase up to the time shortly after giving it as a present.

OP, if you want a full refund you need to get back to the seller and explain clearly that your contract is with them and under the terms of the SOGA you are rejecting the laptop for a full refund as it does not conform to contract. However, if you simply want a replacement or repair then yes probably the quickest solution would be to contact HP directly.

Oh I get it.

But how is it any different to buying a car and not using it for 6 weeks. Its there to be used, but you choose not to because its a present for the wife - how is that reasonable to the retailer. That's what the OP has done, bought 6 weeks before they need it and now they have started to use it the fault has become apparent.

The notion that the retailer is bound by the time the buyer chooses to use the item is simply crazy - there would be massive cashflow issues in all businesses if they were to provide full refunds based on the birthday schedule of the end recipients...

Fairydust75

But any consumer could reasonably expect a product not to become defective in that time.

powerful_Rogue

visidigi wrote: »

Oh I get it.

But how is it any different to buying a car and not using it for 6 months. Its there to be used, but you choose not to. That's what the OP has done, bought 6 weeks before they need it and now they have started to the fault has become apparent.

The notion that the retailer is bound by the time the buyer chooses to use the item is simply crazy.

The key word is "reasonable".

In law to decide if something is reasonable, they say if you explained the full situation to a lay person, would they find it reasonable.

I think its perfectly reasonable to purchase an item in November, wrap it up and put it aside for Christmas. As such, the first time the goods were tested were on Christmas day.

I bet pound to a penny if you took this to the small claims out, they would have the same opinion.

visidigi

Fairydust75 wrote: »

But any consumer could reasonably expect a product not to become defective in that time.

Yes. Indeed they could. But when they do they want the situation resolved.

And I quote:

Fairydust75 wrote:

Any advice much appreciated as my son is currently without a Christmas present!

Fairydust75 wrote:

At the end of the day, I just want my son to have his Christmas present back, in full working order

The advice you have been given is the quickest way you get a resolution to your problem, as has already been said you can ask for a refund, you can force the retailers hand, but that doesn't give you the quick resolution you are wanting.

You seem to want a refund. If that is the case then simply say so. Ask them for a refund, if they refuse send and LBA then if that fails send in a S75.

Then you can tell your son he will be without the present you want 'at the end of the day' as quickly as possible - say circa 5-8 weeks from now (they have 4 weeks to process the refund for a start)

Sometimes, just sometimes you know, taking the warranty and getting the work done will see you will a solution in under 7 days.

Entirely up to you...

visidigi

powerful_Rogue wrote: »

The key word is "reasonable".

In law to decide if something is reasonable, they say if you explained the full situation to a lay person, would they find it reasonable.

I think its perfectly reasonable to purchase an item in November, wrap it up and put it aside for Christmas. As such, the first time the goods were tested were on Christmas day.

I bet pound to a penny if you took this to the small claims out, they would have the same opinion.

Im not debating reasonable! the OP wants this done quickly - people....honestly are you telling me a warrantied item is sorted out quicker with an request for refund, LBA, S75, MCOL process?!?!

Its under warranty, its repaired in 7 days.

Talk about cutting off your nose to spite your face!

neilmcl

visidigi wrote: »

Oh I get it.

But how is it any different to buying a car and not using it for 6 weeks. Its there to be used, but you choose not to because its a present for the wife - how is that reasonable to the retailer. That's what the OP has done, bought 6 weeks before they need it and now they have started to use it the fault has become apparent.

The notion that the retailer is bound by the time the buyer chooses to use the item is simply crazy - there would be massive cashflow issues in all businesses if they were to provide full refunds based on the birthday schedule of the end recipients...

It's totally different. The choice of not to use the car in your scenario would be yours alone however when you buy an item as a gift it is entirely reasonable to expect that item not to be be used fully until it was given. This is precisely the reason why a specific period is not defined in the legislation because scenarios can differ. For example (and this one used by the OFT I believe), I could go out and buy a pair of skis during the summer but then find them to be faulty six months later when I used them for the first time. As this is the first opportunity I could have had to fully examine the skis I would be within my rights to reject them for a full refund.