Laptop Refund Repair or Replace

Ncfcrulz1988

Hi there

I have bought a laptop from ebuyer.com and 4 months down the line it now has a faulty audio system. The issue however is quite hard to replicate as it is crackling when not on charge and the laptop is using heavy audio applications

Anywho ideally I would like a refund as others have experienced this.

Ebuyer have stated if they can replicate the issue they will send the laptip off to Lenovo to be repaired which will be weeks. If lenovo fail to repair it then they will replace it.

Am I right in thinking I am able to reject that replacement for a refund as the 2015 consumer rights act states the seller is allowed 1 attempt at repair or replace before I can claim a refund. Now surely if they send off to attempt to repair then decide to replace that is 2 attempts and I can reject in favour of a refund?

Secondly if they can't replicate the issue they have told me they will send laptop back to me. Well if I receive it back then it's going to have same fault so am I able to then phone up and request a refund as laptop is still faulty and they have been given an opportunity to repair or replace?

Please help!
Thanks

glentoran99

Ncfcrulz1988 wrote: »

Hi there

I have bought a laptop from ebuyer.com and 4 months down the line it now has a faulty audio system. The issue however is quite hard to replicate as it is crackling when not on charge and the laptop is using heavy audio applications

Anywho ideally I would like a refund as others have experienced this.

Ebuyer have stated if they can replicate the issue they will send the laptip off to Lenovo to be repaired which will be weeks. If lenovo fail to repair it then they will replace it.

Am I right in thinking I am able to reject that replacement for a refund as the 2015 consumer rights act states the seller is allowed 1 attempt at repair or replace before I can claim a refund. Now surely if they send off to attempt to repair then decide to replace that is 2 attempts and I can reject in favour of a refund?

Secondly if they can't replicate the issue they have told me they will send laptop back to me. Well if I receive it back then it's going to have same fault so am I able to then phone up and request a refund as laptop is still faulty and they have been given an opportunity to repair or replace?

Please help!
Thanks

are you sure about that? Have you got the quote from the legislation

Ncfcrulz1988

Yes sect 24.5

A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

It's plastered elsewhere in the act also

Ncfcrulz1988

From which

You can ask the retailer to repair or replace faulty goods but it can normally choose whichever would be cheapest or easier for it to do.

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.

Ncfcrulz1988

Repair or replace

If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.

unholyangel

Ncfcrulz1988 wrote: »

Yes sect 24.5

A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

It's plastered elsewhere in the act also

However you seem to have missed the bit of section 24 that states:

(6)There has been a repair or replacement for the purposes of subsection (5)(a) if—
(a)the consumer has requested or agreed to repair or replacement of the goods (whether in relation to one fault or more than one), and
(b)the trader has delivered goods to the consumer, or made goods available to the consumer, in response to the request or agreement.

Ncfcrulz1988

unholyangel wrote: »

However you seem to have missed the bit of section 24 that states:

Ok so I think what.you are saying is it would be classed as one repair as the product wouldn't have been returned to me in between?

What about the 2nd issue if they can't locate a fault?

unholyangel

Ncfcrulz1988 wrote: »

Ok so I think what.you are saying is it would be classed as one repair as the product wouldn't have been returned to me in between?

What about the 2nd issue if they can't locate a fault?

Pretty much yes - theres been a repair/replacement if you ask/agree to one and the trader then supplies repaired/replaced goods.

As for your other question, thats ultimately a tricky one. Its usually for the party alleging the other party is in breach to show that they have breached the contract (ie to show the goods dont conform to contract). So perhaps take a video of it acting up and video it happening with various different sources (ie youtube, dvd, bluray etc). If its within 6 months from purchase it will then be for the retailer to show that fault isnt inherent. If its after 6 months, it will be for you to prove that too - not only that the goods dont conform to contract but also that the lack of conformity is inherent in nature.

Ncfcrulz1988

Thank you. It's only 4 months old so it's up to the retailer to prove that fault wasn't present at time of purchase.

I can easily get a video demonstrating the problem I suppose my question is if they send it back to me.saying there is no fault after I have described how to hear the issue is that their attempt to repair/replace gone and used up?

Surely just by turning it on and trying to locate the issue that is the beginning of a repair?

unholyangel

Ncfcrulz1988 wrote: »

Thank you. It's only 4 months old so it's up to the retailer to prove that fault wasn't present at time of purchase.

I can easily get a video demonstrating the problem I suppose my question is if they send it back to me.saying there is no fault after I have described how to hear the issue is that their attempt to repair/replace gone and used up?

Surely just by turning it on and trying to locate the issue that is the beginning of a repair?

Well no because they're not liable to provide a remedy unless the goods fail to conform to contract.

Inspecting the goods (whether to see if a fault exists or whether the fault is inherent) is diagnostic in nature, not reparative.

Ncfcrulz1988

Ok thank you so if I demonstrate to them there is an issue and they keep sending it back saying they can't locate an issue then where do I go from there? If I prove there is an issue but they can't find it when I send it to them?