ISME won't help me with faulty laptop

BurningBadger

Hi all,

I recently bought a new laptop from Isme, which was effectively a family Christmas present. I had the item delivered on the 12th November, to my mum's house, where all the family would be present for the Big Day.

On initialising the machine I immediately noticed there was a fault with the LCD display, so shut down the machine and phoned the Isme customer services team at the first available opportunity.

At this point I made it clear I was not happy with the item being delivered with a fault, and requested a replacement or a refund. Acer, the manufacturer, arranged a courier to get the broken machine to their workshop for assessment, and it was taken in by them on 4th January.

Since this time I have had several conversations with Acer, all offering to order parts and effect repairs. I contend that as the item was delivered with a manufacturing fault, I have no faith in the unit and want a refund, or at least a new machine in a sealed box which I can sell for a refund, not a repaired "factory second" machine that will in effect be three months old by the time I have first use of it.

Now Isme themselves have waded in with their usual poor customer service, saying I was under obligation to check the unit and report it before it being given as a gift on Christmas Day, as had I done so they would have arranged a replacement or given a refund. As I did not ask my 70-year-old mum to do this prior to Christmas, they say I will have to accept the repaired unit and just get on with it. They say these terms are clear with all sales of electrical items via Isme, though of course they are not or I would have made sure the unit was checked before Xmas and avoided a lot of heartache.

The machine is on a 12-month buy now pay later deal, so I am not liable for its purchase yet, but I really need to know whether my statutory rights not to be sold substandard goods override Isme's own additional terms and conditions, and whether in the circumstances I have a case for them to waive these additional terms and issue a full credit against the item. To be honest this has really shaken my confidence in the so-called consumer rights of people buying via Isme and/or Very, and was wondering if anyone else on here has had any similar experiences or good advice for me.

Best regards, Matt

aldredd

The law states that if you had deemed to have 'accepted' the goods, then they can offer repair / refund / replacement largely at their discretion (in the first instance).

As it was some 6 weeks between purchasing & discovering the fault, you'll be deemed as having accepted the goods, and therefore they above applies. Had you checked within a reasonable time (not sure exactly what constitutes reasonable time for accepting, but going to say 14 days), then you could have requested a full refund.

Pains me though, as we're also having a nightmare with ISME at the moment!

unholyangel

aldredd wrote: »

The law states that if you had deemed to have 'accepted' the goods, then they can offer repair / refund / replacement largely at their discretion (in the first instance).

As it was some 6 weeks between purchasing & discovering the fault, you'll be deemed as having accepted the goods, and therefore they above applies. Had you checked within a reasonable time (not sure exactly what constitutes reasonable time for accepting, but going to say 14 days), then you could have requested a full refund.

Pains me though, as we're also having a nightmare with ISME at the moment!

Not necessarily. Acceptance occurs in one of three ways. Telling them you accept it, using it in a manner that is inconsistent with the retailer retaining ownership of it or a reasonable length of time passes without you rejecting it.

What is a reasonable length of time is based on the circumstances specific to the sale. In other words, if you buy winter sports equipment in summer, a reasonable length of time could be that winter. Likewise, if you buy something for a Christmas gift, it would still be within a reasonable time till a short time after Christmas.

You cannot lose your right of examining the goods to ascertain if they conform to contract by agreement, waiver or otherwise.

aldredd

unholyangel wrote: »

Not necessarily. Acceptance occurs in one of three ways. Telling them you accept it, using it in a manner that is inconsistent with the retailer retaining ownership of it or a reasonable length of time passes without you rejecting it.

What is a reasonable length of time is based on the circumstances specific to the sale. In other words, if you buy winter sports equipment in summer, a reasonable length of time could be that winter. Likewise, if you buy something for a Christmas gift, it would still be within a reasonable time till a short time after Christmas.

Hear what you're saying, but who gets to agree what a reasonable amount of time is? If it was stated at the time of purchase that it was a Christmas gift, then of course he should have been able to have until then to examine the product. But, if it wasn't, is it not reasonable for ISME to have expected laptop to have been examined within a shorter amount of time? Otherwise, if it's the customer alone who 'decides' what a reasonable amount of time is, any set reason could be called upon - 'oh, yeah, I bought it 5 years ago for my 50th birthday today, so only just got a chance to check it'

Fosterdog

aldredd wrote: »

Hear what you're saying, but who gets to agree what a reasonable amount of time is? If it was stated at the time of purchase that it was a Christmas gift, then of course he should have been able to have until then to examine the product. But, if it wasn't, is it not reasonable for ISME to have expected laptop to have been examined within a shorter amount of time? Otherwise, if it's the customer alone who 'decides' what a reasonable amount of time is, any set reason could be called upon - 'oh, yeah, I bought it 5 years ago for my 50th birthday today, so only just got a chance to check it'

Ultimately it would come down to what the judge finds reasonable if it goes to court, what one judge agrees is reasonable may not be what the next one agrees

molerat

Fosterdog wrote: »

Ultimately it would come down to what the judge finds reasonable if it goes to court, what one judge agrees is reasonable may not be what the next one agrees

Agreed, which means in around 6 months to a year the op may have their answer, and a repair, refund or replacement