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Very Refund Laptop

24

Comments

  • andywandy
    andywandy Posts: 35 Forumite
    sorry I will try and explain more clearly:

    When I first rang very, I told them I wished to return the goods as the touchpad kept going crazy, however they told me not without speaking to the supplier and told me to go and speak to the supplier.

    In the end they told me I could send the goods to them to be inspected, as the supplier (acer) were not helping.

    I was inquiring as to whether I had the right t return a laptop if I had simply changed my mind and it was purchased online, as according to very, it isn't refundable under their 'home approval guarentee' which to me seems like an unfair contract clause. (this was just for future reference) .

    I rang very again and they told me they stilll haven't done anything with my return. It's been 10 days, and they are unwilling to give me an estimate of how long it may take. I am worried they are going to try and mess me around (as upon doing further research they have some bad reviews). Hence me being proactive and posting on here.

    As it stands, my goods are faulty, they have had the item for 10 days and are still not refunding, waiting for an inspection..part of me thinks they have sent the item off to acer to try and get acer to refund them before they will refund me (i read elsewhere that they try and do this) obviously if possible i'd rather not wait for this, as this isn't fair on me (in my opinion))

    Is it best I wait till the 14th, which is when they told me I would be refunded by, before chasing this up?
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 April 2016 at 8:03PM
    andywandy wrote: »
    what if they try and tell me I am not entitled to a refund, perhaps claiming I have used the goods (which I have, obviously to find out they were faulty) can they do this? i'ts all stressing me out.

    Its still within 30 days of purchase, yes? If so then then its within the time limit for the short term right to reject under the consumer rights act (short term right to reject allows you to insist on a refund rather than accepting a repair or replacement) - which is what you were copying/pasting earlier I believe.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    andywandy wrote: »
    Is it best I wait till the 14th, which is when they told me I would be refunded by, before chasing this up?
    Chase it up whenever you feel like it but there's no need to start thinking the worst until, as I've stated earlier, you've given them a reasonable time to inspect the fault.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 9 April 2016 at 7:58PM
    Its still within 30 days of purchase, yes? If so then then its within the time limit for the short term right to reject under the consumer credit act (short term right to reject allows you to insist on a refund rather than accepting a repair or replacement) - which is what you were copying/pasting earlier I believe.
    You mean Consumer Rights Act not Consumer Credit Act. ;)

    And OP, keep in mind that under that short term right to reject, you are the one needing to prove that the thing was supplied faulty.

    For example, are you sure that 'the touchpad kept going crazy' is not a user error?
    Touchpad settings can easily lead to 'crazy' things happening.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    wealdroam wrote: »
    You mean Consumer Rights Act not Consumer Credit Act. ;)

    :rotfl: Yep, thats the one. Section 75 speak must've planted it in my brain.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • andywandy
    andywandy Posts: 35 Forumite
    I thought for the first 6 months, the company had to how that I was the one who caused the fault (i didn't) and after 6 months I have to show it was inherently faulty at manufacture?
  • andywandy
    andywandy Posts: 35 Forumite
    If you discover the fault within the first six months from purchase, it is presumed to have been there since the time of purchase - unless the retailer can prove otherwise.
    During this time it's up to retailer to prove that the fault wasn't there at the point of purchase - it's not up to you to prove that it was.

    This is a quote I can find.

    I'm not very good at all the technical stuff. Basically I brought a product and it arrived faulty.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    andywandy wrote: »
    If you discover the fault within the first six months from purchase, it is presumed to have been there since the time of purchase - unless the retailer can prove otherwise.
    During this time it's up to retailer to prove that the fault wasn't there at the point of purchase - it's not up to you to prove that it was.

    This is a quote I can find.

    I'm not very good at all the technical stuff. Basically I brought a product and it arrived faulty.

    And this is what Very are doing - proving that it was supplied faulty as opposed to having been dropped, had Coke poured over the keyboard etc. They're not asking you to prove the fault.
  • andywandy
    andywandy Posts: 35 Forumite
    this is the only item I have (and probably will ever) purchase from very, am i entitled to the credit interest on my very store credit they charge me refunded?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    andywandy wrote: »
    I thought for the first 6 months, the company had to how that I was the one who caused the fault (i didn't) and after 6 months I have to show it was inherently faulty at manufacture?
    In section 19 of the Consumer Rights Act, sub section 14 states that the assumption that goods did not conform to contract within the first 6 months does not apply to the short term right to reject.

    This is probably better explained in The CRA Explanatory Notes in note 97 on this page which says:
    97.Subsections (14) and (15) provide that, if a breach of the statutory rights – for example a fault - arises in the first 6 months from delivery, it is presumed to have been present at the time of delivery unless the trader proves otherwise or this presumption is incompatible with the nature of the goods or the particular breach or fault. This applies where the consumer exercises their right to a repair or replacement or their right to a price reduction or the final right to reject. This does not apply where the consumer exercises the short-term right to reject.
    My emphasis.
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