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Dell, useless keyboard, wont allow me to reject product

I bought a dell laptop in November but asked to return it 17 days later, the keyboard is not useable and a couple of probably software/driver issues. So far have refused to provide a way of returning it. They have said im outside the 14 day return policy but I have said I am rejecting it because its not fit for purpose, they try to pass me on to technical but keep telling them its customer service issue. Have put in claim to credit card, but so far no news. Any further advice?
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Comments

  • visidigi
    visidigi Posts: 6,752 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    why is the keyboard not usable? Is it not usable for standard needs or for your specific ones?
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Have you attempted to use Dell technical support in order to try to resolve the issue?
    "You were only supposed to blow the bl**dy doors off!!"
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Whether you are entitled to reject it or not will depend on what the problem is. If there are keys not working at all it is clearly faulty and rejection should be allowed. If the style of keyboard is just not suitable for your typing style ( I personally cannot get on with the floating style that Acer use) then this is not a fault but something that you would have been allowed to inspect within the 14 days under CCRs and rejection shouldn't be allowed.
  • boatman
    boatman Posts: 4,702 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 8 January 2015 at 12:29PM
    It is a touch sensitive keyboard, it is impossible to type more than a few letters before a mistake is made, i have tried to get used to it but this needs more than a few days. there are also problems with the sensitivity control and the keyboard on opening/closing. I do not believe it is suitable or fit for purpose. The 14 days is a red herring as far as i'm concerned, it is imposed by Dell , to reject a product you need to do it 'in a reasonable time', this is normally considered to be within a month.
    Dell are trying to confuse the issue by making their return window the same as the distance selling regs, these are in addition to the sale of goods not instead of them. As a matter of interest, In the USA Dell have a 30 day return policy.
    I have not spoken to Dell technical because again as far as i can see, the device needs to work from the off, if a month down the line i have a problem then i think that is the time to contact the technical people, at the moment its a customer service issue. If i start a dialogue with technical i will be drawn in to a long winded debate about the device and miss my right to return the product.
  • Cycrow
    Cycrow Posts: 2,639 Forumite
    You can only reject the the good under SOGA if its faulty.
    just because you dont like how it works, doesn't make it faulty, not not fit for purpose
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    In my opinion that is not a fault, much like I can't use Acer laptop keyboards as well as I can use others, it is not a fault with the Acers but they keyboards just don't suit my way of typing. This is not a fit for purpose/SoGA claim but a change of mind for which you are out of time.

    It can take time to get used to a new keyboard, I can touch type on my home desktop but when I work on laptops in work I have to slow down as they are different to what I'm used to and I make a lot more mistakes than at home.
  • boatman wrote: »
    The 14 days is a red herring as far as i'm concerned, it is imposed by Dell , to reject a product you need to do it 'in a reasonable time', this is normally considered to be within a month

    Trading standards themselves state that the "reasonable time" for rejecting goods can sometimes be far lower than a month.
    Am I entitled to my money back?
    You will only be entitled to a refund if you have "rejected" the goods within a reasonable period of time. What is a reasonable time depends on individual circumstances but it may be as little as a week or so. If you leave it too long, then you will only be entitled to damages. Usually, this means a repair.
    http://www.lewisham.gov.uk/myservices/business/trading-standards/Documents/TradingStandardsFactSheet02.pdf

    However, as Cycrow rightly states. Not being able to get used to the keyboard and making typing mistakes when using it isn't in itself a reason for rejection. The sensitivity control issue could be software related, something that Dell might be able to provide an easy fix for.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    I read this thread and thought of this:

    1391359331402
  • boatman wrote: »
    It is a touch sensitive keyboard, it is impossible to type more than a few letters before a mistake is made, i have tried to get used to it but this needs more than a few days. there are also problems with the sensitivity control and the keyboard on opening/closing. I do not believe it is suitable or fit for purpose. The 14 days is a red herring as far as i'm concerned, it is imposed by Dell , to reject a product you need to do it 'in a reasonable time', this is normally considered to be within a month.
    Dell are trying to confuse the issue by making their return window the same as the distance selling regs, these are in addition to the sale of goods not instead of them. As a matter of interest, In the USA Dell have a 30 day return policy.
    I have not spoken to Dell technical because again as far as i can see, the device needs to work from the off, if a month down the line i have a problem then i think that is the time to contact the technical people, at the moment its a customer service issue. If i start a dialogue with technical i will be drawn in to a long winded debate about the device and miss my right to return the product.

    As we aren't in the USA the 30 day policy you mention is irrelevant. In the UK / EU you have 14 days to inspect the product.

    Being unfit for purpose relates to an inherent fault with the product preventing it from operating correctly as opposed to a persons ability to get used to the product or feel comfortable with its features. Unfortunately I think Dell have been correct in their response and you can only really call upon any goodwill they may offer or accept their offer of technical assistance.
  • boatman
    boatman Posts: 4,702 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Where do i stand then if i can prove that i was away from home on the day it was delivered and a couple of days after?
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