Returning faulty laptop

unholyangel

I dont think it does boil down to opinion. SoGA states:

Buyer not bound to return rejected goods.

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

Buyer has already intimated he refuses to accept them by contacting them shortly after purchase to say he would be returning them.

newuser101

Unholy angel , it was bought in store thank you for the reply

unholyangel

newuser101 wrote: »

Unholy angel , it was bought in store thank you for the reply

The above is from Sale of goods act - delivery referenced in soga merely refers to when the goods are transferred into the possession of the consumer.

ETA: ie the goods are "delivered" when you pay for them at the till and take them home with you.

rustyboy21

It is all well and good saying that delivery was when he picked it up and giving him the SOGA and Which articles to read through, but with the way things are working out between the OP and the retailer, the chances of easily getting a refund using the law and telling them your rights in an officious manner, is not really going to work in this case. Both sides have got their backs up now.

OP I would say go into the store, keep a rational head on your shoulders, don't start screaming and shouting ( it wont get you anywhere) and tell them that you are unhappy with the purchase, you don't really want it repairing and will they give you a refund, or at least swap it over for a better one, as you have lost faith in it , with so many faults occurring in such a short time. If they agree to a swap, if there is any difference in price, be agreeable to meet them 1/2 way, if not the whole difference.

I do think you are going to struggle trying to get a refund and telling them you have not accepted the product, so the easiest way, would be to negotiate a remedy which suits both parties.

If this is not forthcoming, then the only means of recourse is through small claims. It is going to be harder with the retailer being a small business. You can kick and scream as much as you like, but unless you keep it cool, rational and go in with an alternative remedy suitable to both parties, then it will end in court. I would say the easiest remedy would be an exchange for a tested model with a guarantee that they will sort it, if issues arise.

frugal_mike

One thing about the warranty issue (ignoring acceptance for a second). It really does not matter if they claim the warranty does not cover the battery. If the battery has an inherent fault then they have to offer a remedy to you. Warranties cannot overrule your statutory rights.