Online Purchasing of Laptop - Refund Options

robcole

Hi,

I purchased a laptop from an Amazon marketplace company called Ballicom International on 20th Jan 2015. I have since noticed the touchpad is faulty and requested a refund through the appropriate channels to finally be told by the company that I cannot have one. Their reasoning is as follows (note: I've tried two methods of obtaining a refund after being told that I'd have to get an exchange).

A) If you wanted to return laptop as in unwanted, as per DSR/Consumer Contracts Regulations, I cannot return a laptop as it is exempt from these regulations. - I disagree with this but wanted to get peoples take on this, I've searched the forums and can find a few answers on this one but nothing definitive.

DSR states this line as an exemption:

'for the supply of audio or video recordings or computer software if they are unsealed by the consumer;'

which the seller is quoting me as to the reason they don't take back unwanted laptops ie. You've opened the seal on the box and activated Windows and could have registered the windows key or even used it for yourself to license another Windows product therefore we cannot refund you.

If the item is faulty they have provided me a technical contact number for Acer and have wiped their hands with me as their helpdesk said they weren't a retailer and weren't obliged in the same was as a shop to refund me for a faulty product....the item is now under manufacturer warranty even though I've had it a week or so! - Failing to believe they can sell me an item that could be faulty and not allow a refund, as you can imagine I don't particularly want to call a manufacturer and nor do I want the same laptop replacing as confidence in the product has gone.

I've since raised a claim on Amazon as payment was through them, hoping their consumer protection claims thing can help me but I wanted to understand what people here thought?

Thanks

wealdroam

robcole wrote: »

Hi,

I purchased a laptop from an Amazon marketplace company called Ballicom International on 20th Jan 2015. I have since noticed the touchpad is faulty and requested a refund through the appropriate channels to finally be told by the company that I cannot have one. Their reasoning is as follows (note: I've tried two methods of obtaining a refund after being told that I'd have to get an exchange).

A) If you wanted to return laptop as in unwanted, as per DSR/Consumer Contracts Regulations, I cannot return a laptop as it is exempt from these regulations. - I disagree with this but wanted to get peoples take on this, I've searched the forums and can find a few answers on this one but nothing definitive.

DSR states this line as an exemption:

'for the supply of audio or video recordings or computer software if they are unsealed by the consumer;'

which the seller is quoting me as to the reason they don't take back unwanted laptops ie. You've opened the seal on the box and activated Windows and could have registered the windows key or even used it for yourself to license another Windows product therefore we cannot refund you.

If the item is faulty they have provided me a technical contact number for Acer and have wiped their hands with me as their helpdesk said they weren't a retailer and weren't obliged in the same was as a shop to refund me for a faulty product....the item is now under manufacturer warranty even though I've had it a week or so! - Failing to believe they can sell me an item that could be faulty and not allow a refund, as you can imagine I don't particularly want to call a manufacturer and nor do I want the same laptop replacing as confidence in the product has gone.

I've since raised a claim on Amazon as payment was through them, hoping their consumer protection claims thing can help me but I wanted to understand what people here thought?

Thanks

What's wrong with accepting a repair or replacement?

You do not have to go direct to Acer if you don't want to... although that might be a quicker way of geting a repair/replacement.

Here is a short extract from MSE's Consumer Rights guide:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

robcole

Hi,

Thanks for the response. Ideally I'd like the option of a refund as I don't want to have to go through Acer who will make me do all sorts of tests to verify its broken to then offer me a repair, then i'll have to fight for a replacement, and on an item that been in my possession was faulty under 7 days i'd like to be able to say 'no thanks i want a refund'.

AJXX

robcole wrote: »

i'd like to be able to say 'no thanks i want a refund'.

I'm sure many people would, but the simple fact is it's not that easy.

Usually under SOGA/Consumer Contracts you can reject the goods... however if this company claims they don't have to follow this then it leaves you stuck.

You may just have to go to Acer and accept repair/replacement... it's not what you want to do... however it's what you can do vs a long drawn out legal battle lasting months?

Fosterdog

What exactly is the fault? Many issues with touch pads are down to software so it may not actually be faulty but just need some settings adjusted

unholyangel

They're wrong on both counts.

CCRs (DSRS were replaced by CCRs last year in june) have the same rule, but as the law says, it is for contracts for the supply of sealed audio/video/software which become unsealed after delivery.

This is not a contract for the supply of sealed software - this is a contract for the supply of hardware - which just happens to have software preloaded onto it - but the software is not sealed.

As for it being faulty, any fault found within the first 6 months is their responsibility to prove its not an inherent fault.

However given that they have denied both of these, if amazon arent willing to help then it leaves you with limited options. Possibly a chargeback/section 75 claim depending what payment method used and whether it was a direct payment to the retailer or whether it was made to a third party. If chargeback/section 75 isnt viable due a third party being used, then you're looking at sending an LBA and filing against them in small claims.

robcole

Hi,

I've double checked the touchpad is at fault, I work in the industry so am 100% on this bit.

I didn't quite understand the law around returns/refunds but thank you for clarifying. I believe amazon will assist me with my case so I will see what happens there as it seems my best approach.

Thanks all for the help!

JJ_Egan

MK is not that far from Coventry .
Ballicom House
101 Lockhurst Lane
Coventry
West Midlands
CV6 5SF