returning a laptop - distance selling regulations (DSR) help please!

agrinnall

You can request a refund, repair or replacement, but the choice in most circumstances rests with the retailer.

wealdroam

You could also reject the thing for a full refund under the Sale of Goods Act if it does not conform to contract.

It does appear that there might be some discussion about whether or not it does conform to contract though.

Is it possible that the speakers are not actually faulty, but do not perform as well as you expected?

Could it be that the touchpad is working correctly, but needs some slight tuning of the settings to make it more suitable for you?

If those two points are your only issues, then a remedy under SoGA is not appropriate. You should seek a return under CCRs.

Nessun_Dorma

agrinnall wrote: »

You can request a refund, repair or replacement, but the choice in most circumstances rests with the retailer.

Seeing as the machine is only three days old, if the laptop is faulty the OP can reject the goods and get a refund.

agrinnall

Nessun_Dorma wrote: »

Seeing as the machine is only three days old, if the laptop is faulty the OP can reject the goods and get a refund.

Yes, I didn't go back to reread the first post when I answered the question and had forgotten it was only 3 days old.

ams2015

thank you all for your replies! I had a look at the documents that were sent with the laptop and apart form the manufacturers papers (warranty, etc) there is nothing in the box apart from the despatch note from ebuyer.
it says: damages or shortages must be reported to the carrier immediately and to our customer services department within 2 days of receipt' ; and ' no goods may be returned without our written authorisation'. Do I need to seek their written authorization if I want to return it?

(I have to check that touchpad again to make sure that it's not a matter of settings .. but I doubt it... however I managed to log myself out of the laptop! I was pretty sure I was entering the right password but it won't log me in so will need to fiind a way around it and one of the ways is I guess using the Windows Recovery disk that came with the laptop but this may be classified as using the 'software' and software cannot be returned to them but I am not sure whether this still applies if this is is a recovery software for the laptop...)

Nessun_Dorma

ams2015 wrote: »

thank you all for your replies! I had a look at the documents that were sent with the laptop and apart form the manufacturers papers (warranty, etc) there is nothing in the box apart from the despatch note from ebuyer.
it says: damages or shortages must be reported to the carrier immediately and to our customer services department within 2 days of receipt' ; and ' no goods may be returned without our written authorisation'. Do I need to seek their written authorization if I want to return it?

(I have to check that touchpad again to make sure that it's not a matter of settings .. but I doubt it... however I managed to log myself out of the laptop! I was pretty sure I was entering the right password but it won't log me in so will need to fiind a way around it and one of the ways is I guess using the Windows Recovery disk that came with the laptop but this may be classified as using the 'software' and software cannot be returned to them but I am not sure whether this still applies if this is is a recovery software for the laptop...)

Have you actually spoken to E-Buyer? If not, why not?

ams2015

I haven't spoken to ebuyer ... I am not really sure what to tell them... I bought a laptop from you, touchpad and few other things are pretty rubbish since the moment I opened the laptop, the touchpad actually seems faulty and I want to return the laptop but I cannot double-check it because I logged myself out and can't log in....

I may be somewhat cynical here but I doubt that they would be very helpful

agrinnall

Well you're not going to get your money back unless you communicate with them in some way, so you either have to do that or live with the laptop as it is.

ams2015

yes, I do realise that however I was going to check the touchpad , confirm that it is faulty ( I am pretty sure it is but still to want to check it) and send something along these lines (found it on the 'Which' website) to ebuyer:

Dear
B]Reference: contract number[/B
On B]date[/B I B]bought/placed an order for[/B a B]item[/B, received it on B]date[/B. I have discovered that the B]item[/B has the following problem: B]add details[/B.
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.
As you are in breach of contract I am rejecting the B]item[/B and request that you refund the sum paid to you of B]price[/B.
I also require you to confirm whether you will arrange for the [item] to be collected or will reimburse me for the cost of returning it.
If I do not receive your satisfactory proposals for settlement of my claim within seven days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you.
Yours faithfully,
[Your name here]

wealdroam

ams2015 wrote: »

yes, I do realise that however I was going to check the touchpad , confirm that it is faulty ( I am pretty sure it is but still to want to check it) and send something along these lines (found it on the 'Which' website) to ebuyer:

Dear
B]Reference: contract number[/B
On B]date[/B I B]bought/placed an order for[/B a B]item[/B, received it on B]date[/B. I have discovered that the B]item[/B has the following problem: B]add details[/B.
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.
As you are in breach of contract I am rejecting the B]item[/B and request that you refund the sum paid to you of B]price[/B.
I also require you to confirm whether you will arrange for the [item] to be collected or will reimburse me for the cost of returning it.
If I do not receive your satisfactory proposals for settlement of my claim within seven days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you.
Yours faithfully,
[Your name here]

Personally, I would think it wrong to send that letter at this stage.

It will surely destroy any hope of getting any help from the seller.

In my opinion, that is the sort of letter that should be sent after any negotiations have broken down, and as a last resort before taking court action.