Do I have to accept repair?

NANANINANOONOO

My family bought me a laptop from Argos for £350 on 17th June 2014 to replace my defunct PC because being disabled myself & also my husbands carer we do everything online & are quite reliant on the internet. I have actually only been using it for about 6weeks & the mouse keeps freezing & the screen shuts down.

Today we returned it to Argos complete in its box with receipt hoping for a replacement or refund because it is clearly faulty but were told it is not covered by their 28day return policy & all they can do is repair it. I declined this because I do not want a repaired laptop & I am not sure what my rights are. If I had wanted a reconditioned laptop I would not have bought one - why would anyone pay £350 for a brand new one that needed repair?

I need something I can rely on & cannot manage without it. If I have to accept the offer of repair how long might I have to wait for this? I was polite in the shop but the manageress was adamant that repair is all she had to offer. Please can anyone advise regarding my consumer rights, can I insist on replacement or refund? Ideally I would like a refund but really dont know if this is even an option. I would be grateful for any help on the best way to aproach Argos.

neilmcl

In short, no you cannot insist on a replacement or refund over a repair if any of those remedies are disproportionate in cost to the latter. In essence the retailer can chose the remedy but they must perform the repair within a reasonable period and without causing a significant inconvenience.

NANANINANOONOO

neilmcl wrote: »

In short, no you cannot insist on a replacement or refund over a repair if any of those remedies are disproportionate in cost to the latter. In essence the retailer can chose the remedy but they must perform the repair within a reasonable period and without causing a significant inconvenience.

Thank you for your response but is it really acceptable that a valuable item becomes faulty after such short period? It must be a manufacturing fault as the laptop has only been used in a very careful correct manner. What is a reasonable period to be deemed normal wear & tear? Is there really no consumer act that covers such things. What is a significant inconvenience? Are there no exceptions. I dont want to insist on anything that is not my right but equally I dont want to accept repair if it is not my only option - it seems so unfair when it has a fault.

Esqui

It's not acceptable that it has failed. Argos agree, so they will provide a remedy for the fault. They are complying with the law, currently.

mije1983

NANANINANOONOO wrote: »

is it really acceptable that a valuable item becomes faulty after such short period?

No.

NANANINANOONOO wrote: »

It must be a manufacturing fault as the laptop has only been used in a very careful correct manner. What is a reasonable period to be deemed normal wear & tear?

Wear and tear, just like user damage is not usually covered by a warranty or the SoGA. So Argos must be agreeing with you that is is a manufacturing fault. This is why they are offering to repair it.

NANANINANOONOO wrote: »

Is there really no consumer act that covers such things.

Yes, it's the Sale of Goods Act

NANANINANOONOO wrote: »

What is a significant inconvenience?

As far as I'm aware, it isn't specified. It depends on the item involved and the time frame. I can't see being without a laptop for a couple of weeks would be deemed significant inconvenience though.

NANANINANOONOO wrote: »

equally I dont want to accept repair if it is not my only option - it seems so unfair when it has a fault.

As posted above, you can ask for a refund or replacement, but the retailer doesn't have to agree if it is much more expensive for them thatn a repair.

daytona0

You have accepted it so the seller can choose how to resolve this.

It is as simple as that.....

ThumbRemote

Unfortunately in your case the item was bought by your family, so you have no legal claim against Argos. Your family have the legal rights, however it is going to be difficult for them to show that being without the computer will cause them significant inconvenience, as they aren't the ones who use it.

Had you paid for it, you could try writing to Argos head office to show them what problems being without the laptop would cause you. Essentially, you'd need to be able to demonstrate the significant inconvenience. So if you did all your food shopping online because you couldn't get out, then obviously being without a PC would cause problems. On the other hand if you use it mainly for Facebook it's not really going to stand up.

If Argos head office didn't move, you'd have to buy a new laptop and pursue Argos for the refund through the small claims court. You'd need to show a judge that Argos were unwilling to replace or refund, and demonstrate the inconvenience it would cause you. Unfortunately you'd need to buy the new laptop first - the law isn't very helpful to consumers in this situation.

daytona0

ThumbRemote wrote: »

Unfortunately in your case the item was bought by your family, so you have no legal claim against Argos. Your family have the legal rights, however it is going to be difficult for them to show that being without the computer will cause them significant inconvenience, as they aren't the ones who use it.

Had you paid for it, you could try writing to Argos head office to show them what problems being without the laptop would cause you. Essentially, you'd need to be able to demonstrate the significant inconvenience. So if you did all your food shopping online because you couldn't get out, then obviously being without a PC would cause problems. On the other hand if you use it mainly for Facebook it's not really going to stand up.

If Argos head office didn't move, you'd have to buy a new laptop and pursue Argos for the refund through the small claims court. You'd need to show a judge that Argos were unwilling to replace or refund, and demonstrate the inconvenience it would cause you. Unfortunately you'd need to buy the new laptop first - the law isn't very helpful to consumers in this situation.

This, but even this advice is generous especially when OP mentions that they are disabled but they still care 4 another person (husband).... Disability doesn't mean that you can't do physical things like shop etc and were it to be the case then why doesn't OP have a carer too?

mije1983

ThumbRemote wrote: »

If Argos head office didn't move, you'd have to buy a new laptop and pursue Argos for the refund through the small claims court. You'd need to show a judge that Argos were unwilling to replace or refund, and demonstrate the inconvenience it would cause you.

The problem with this is that if the judge didn't agree it was significant inconvenience, the OP would be stuck with 2 laptops. As the law doesn't define significant inconvenience, it's impossible to know which way it would go, especially as the OP hasn't said how long Argos have said they would be without the laptop for.

NANANINANOONOO

daytona0 wrote: »

This, but even this advice is generous especially when OP mentions that they are disabled but they still care 4 another person (husband).... Disability doesn't mean that you can't do physical things like shop etc and were it to be the case then why doesn't OP have a carer too?

I really appreciate the information being given by everyone & just to clarify without going into detail I am physically disabled with limited mobility, my husband is an OAP, he is deaf & has memory & long term health problems requiring medication & monitoring. We support each other & between us get by with help from our family. We do do almost everything online which makes life much easier for us especially my husband for whom it makes a huge difference communicating. Of course like everyone else we can exist without internet but how does anyone measure another persons 'inconvenience'?

NANANINANOONOO

ThumbRemote wrote: »

Unfortunately in your case the item was bought by your family, so you have no legal claim against Argos. Your family have the legal rights, however it is going to be difficult for them to show that being without the computer will cause them significant inconvenience, as they aren't the ones who use it.

Had you paid for it, you could try writing to Argos head office to show them what problems being without the laptop would cause you. Essentially, you'd need to be able to demonstrate the significant inconvenience. So if you did all your food shopping online because you couldn't get out, then obviously being without a PC would cause problems. On the other hand if you use it mainly for Facebook it's not really going to stand up.

If Argos head office didn't move, you'd have to buy a new laptop and pursue Argos for the refund through the small claims court. You'd need to show a judge that Argos were unwilling to replace or refund, and demonstrate the inconvenience it would cause you. Unfortunately you'd need to buy the new laptop first - the law isn't very helpful to consumers in this situation.

Please note my family actually took my husband to buy the laptop & advise him but he paid for it so it being our claim would not be at issue.