Rights to cancel faulty laptop bought on PC World financing

esnelling

Hello

My situation is this:

I bought a Lenovo laptop 3 months ago through PC Worlds 6 month interest free offer through a finance agreement.

This week, I watched in horror as a wisp of smoke wafted out of the laptop accompanied by a burning smell. The laptop subsequently doesn't turn on.

After contacting PC World by phone, the automated telephone service informs me that for I need to get in touch with the manufacturer, Lenovo directly.

As the laptop cost £800, I am massively disappointed and surprised that a relatively high spec machine could malfunction this easily and quickly, especially considering I do little more perform internet browsing and shopping on it. However, after Googling the problem, it appears that it is not uncommon among Lenovo laptops.

Do I have any rights to cancel the product and ask for a refund even though the product was bought on a finance agreement?

Secondly, is it right that I am having to deal with Lenovo directly when I purchased the product from PC World?

Any advice welcome

Many thanks
Emma

molerat

After 3 months it will be considered that you have accepted the laptop and as such have no rights to cancel.

Until 6 months after purchase it considered that the item was faulty at the point of purchase and it is up to the retailer to prove otherwise. They have the right to have the item inspected.

Your consumer rights are with the retailer (and finance company who are jointly liable) but it is often easier and quicker to deal with the manufacturer.

McKneff

I agree with Molerat, it will be easier and quicker to deal with the manufacturer.


The choice is


Repair, Replace or Refund but the choice is theirs, usually a repair is most economical.
Manufacturer may decide just to replace.


Why did you buy and pay a really high price for a computer that you were only going to browse the internet and do some shopping. You could do that on a £99 tablet or a £200 laptop....

FiremanDave

McKneff wrote: »

I agree with Molerat, it will be easier and quicker to deal with the manufacturer.


The choice is


Repair, Replace or Refund but the choice is theirs, usually a repair is most economical.
Manufacturer may decide just to replace.


Why did you buy and pay a really high price for a computer that you were only going to browse the internet and do some shopping. You could do that on a £99 tablet or a £200 laptop....

There was a big arguement on the motor board about that. Do you have a link to say it's the manufactures/seller option?

wealdroam

FiremanDave wrote: »

There was a big arguement on the motor board about that. Do you have a link to say it's the manufactures/seller option?

Pedantically it's the buyer's choice, but the buyer cannot force the seller to supply a remedy which is disproportionately costly.

Sale of Goods Act Section 48B says:

(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

It goes on to say:

(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a)the value which the goods would have if they conformed to the contract of sale,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the buyer.

So the buyer could for example choose a replacement, but the seller can reply with "no, I will provide a repair because that is significantly cheaper".

Thus the seller is effectively choosing the remedy.

FiremanDave

wealdroam wrote: »

Pedantically it's the buyer's choice, but the buyer cannot force the seller to supply a remedy which is disproportionately costly.

Sale of Goods Act Section 48B says:

It goes on to say:

So the buyer could for example choose a replacement, but the seller can reply with "no, I will provide a repair because that is significantly cheaper".

Thus the seller is effectively choosing the remedy.

Shame you couldn't provide similar facts about fraud.

SuperHan

FiremanDave wrote: »

There was a big arguement on the motor board about that. Do you have a link to say it's the manufactures/seller option?

http://www.legislation.gov.uk/ukpga/1979/54

By section 48B, the buyer can ask the seller to repair or replace, but by clause (3) & (4) cannot require them to do it if it is disproportionately costly.

By 48C, the buyer cannot request a refund unless there is a reason a replacement or repair cannot be carried out, or the repair or replacement has not been done in a reasonable time.

In layman's terms, the buyer can request a repair or replacement, and the retailer can decline if it one is disproportionate to the other. If a repair or replacement is not possible then a refund (which can be partial) can be requested.


eta: **X-posted!**

esnelling

Hi McKneff

Thanks for your response.

I paid for the additional spec because I am starting a design course in the new year.

keyser666

Cant believe you spent £800 on a laptop for just surfing and shopping. The value would depreciate significantly the moment you bought it as well. For 800 notes you'd have been better off going for a Macbook at that price.

Cycrow

sounds like it overheated, you havn't been using it on a bed or soft surface have you ?

pitanorf

Cycrow wrote: »

sounds like it overheated, you havn't been using it on a bed or soft surface have you ?

If it did then one would expect the overheat protection to kick in.