Consumer rights: Watch out for this one!

casper2095

Short Version- Don't let this happen to you!!! (read the take home message at the bottom if thread is too long)
bought a PC online for about £779 from a well know retailer.
Delivered within 3 days and set-up working fine until day 6 (this is important but I never new how important until today) then out of the blue the hard drive would not boot up, with a message system boot failure and a big red box would appear.
Decided to go to local store as I wasn't able to fix the problem with the hard drive, so I arrived at customer service explained the problem to which the member of staff said fine lets see your receipt and continued to action a refund without question or really asking me what my position on having a refund or a replacement was. So I accepted the refund tacitly but with a little confusion as to why I couldn't just have a replacement PC? So I asked the staff member is it possible to just have a replacement.
The reply was it would be better to refund the initial purchase and then purchase a new one either from store or online. I thought no more of this and accepted the reasoning as I had no reason to think this would cause me my future debacle in 2 months time!! (Keep remembering the 6 day period as it is important).
The member of staff then asked did I use the computer for business, which I replied work use was the main reason for purchase. Enter the business manager! I was whisked to the corner of the store to discuss opening a business account, whilst also being able to re-purchase the computer I had just had a refund on. This again seemed a lot of effort for something that I could probably do online within a few minutes but I went along with it to see if there was any benefit (reduced cost) to registering with the business department.
Answer; No!! The same computer was not available from their business stock and could only be purchased from the online store. Never the less the business manager kindly ordered the computer for me, but as it was ordered from the business department I would have to have it delivered to the store. Initially I contemplated this as I knew an online purchase with home delivery would be quicker but as I had committed this far I accepted the business managers offer and re-purchased the same computer! I was now very confused as to why I hadn't just been offered a direct replacement (rather than a refund) or even just gone home and bought another online.
Any way new PC arrived, I picked up, set up and got working again. until yesterday!
Big red box with a system boot error! The same problem, again!!!
Not to worry, as the first PC had this problem and I didn't even have to ask they just refunded no questions, which made me think that I would have no issue getting this one sorted, although this time I was maybe thinking not to purchase the same PC just incase there was an underlying manufacturing fault.
So got to Customer service desk, same explanation but this time a slightly different response. The staff member was not sure a refund was indicated in this case (I looked confused) but with a little bit of optimism the staff member called over the manager. He was 100% confident that I was not entitled to a refund as the 7 day period was up (remember earlier on, the 6 day thingy that I said to remember). So I asked "what does he mean?, when I came with the same fault last time I was given a full refund no questions asked". His reply was "thats because it was within 7 days, which would have been explained". BUT THIS WAS NOT EXPLAINED TO ME!
So I said never mind that it has been over 7 days (more like 40 days) I still feel as its the same fault for the second time I should be entitled to a refund. Answer still no, and even worse because it had been over 30 days I was only entitled to a return within 28 day repair guarantee and not even a replacement.
This went back and forth for a while, the conversation got heated and then the written T&C's were shown to me on the back of my receipt. So reluctantly I accepted the repair but still thought I should be able to return goods that clearly had a consistent fault.
So I asked to escalate this further (to speak to their customer service department), so the manager kindly let me use his phone. In a nutshell the guy on the other end of the phone said according to consumer rights I should be entitled to replacement or refund as the second unit was a replacement item due to the first being faulty. I then began to tell him that the second PC was bought separately (but on the same day) and I was not informed at the time I could have just received a replacement. He then advised that because of the way the return had been dealt with I had lost my consumer rights in regards to receiving a full refund as the second PC was a separate transaction, but I should consider highlighting this to the manager as it clearly is not the correct process if I was initially happy to accept a replacement PC in the first place.
So I put the phone down and made the manager aware of the above scenario. Without much conflict he looked at my receipts and without much more fuss issued a full refund with and apology. (As easy as that, not even an offer of a replacement PC, a FULL REFUND!)
The longer version had at least 20 minutes of heated debate and another 30 minutes of a stand off as I thought I was being unfairly treated. (New born at home, wife getting stressed etc etc..... really didn't need this!!)
TAKE HOME MESSAGE
Make sure you don't accept a refund if you are willing to have an item replaced for the same because if the second one is faulty as well (i.e the item has an underlying manufacturing fault) you are able to request a full refund within 12 months as only one transaction has occurred (i.e its the same purchase but a second fault, meaning your rights are strengthened if you want a replacement/refund and not a repair). If like me without being fully informed of the options you accept a full refund and then go on to buy the same computer again on the same day, it is exactly the same as buying a computer from another shop. Your consumer rights will be different if this one is faulty and past the 7 day or 30 day replacement or refund period (i.e you cannot get a refund and will have to accept the offer of at least 1 repair).
beware of this sneaky tactic as it nearly caught me out and now I would be waiting for my repair (up to 28 days) rather than searching online for a computer from another retailer (delivery within 3).

KeithP

You seem to have overlooked that you made the second purchase as a business.

I suggest that even if the second fault had appeared within seven days you would've still had problems.

This tactic is quite common with PCW.

forgotmyname

Your first purchase was a moot point, no longer valid. This is a new purchase so the first incident may as well have not happened.

You purchased as a business so not a consumer. Nothing sneaky about your situation.

You bought a computer which failed after 40(ish) days. Wait for the bill when they say its a software problem and because your a business you need to pay for the repair.

AndyMc.....

Think of the new born and buy it a kitten. Get a couple of nuns in to destress the wife.

pmduk

Your first mistake was entering PCWorld without learning your rights first.

Note how everybody can immediately identify the retailer involved? That, alone, should tell you something.

Tigsteroonie

Did this really need a poll?
Does having people say "Yes, it was useful" make you feel better?

agrinnall

Tigsteroonie wrote: »

Did this really need a poll?
Does having people say "Yes, it was useful" make you feel better?

If anyone really did find it useful (and I'm not sure why they would) they could simply have used the Thanks button that MSE has helpfully made available for all posts - interesting that the only person thanking the OP so far hasn't posted a response on the thread.

takman

Looking at the results of the poll i think this needs to be quoted before the OP comes back...

Short Version- Don't let this happen to you!!! (read the take home message at the bottom if thread is too long)
bought a PC online for about £779 from a well know retailer.
Delivered within 3 days and set-up working fine until day 6 (this is important but I never new how important until today) then out of the blue the hard drive would not boot up, with a message system boot failure and a big red box would appear.
Decided to go to local store as I wasn't able to fix the problem with the hard drive, so I arrived at customer service explained the problem to which the member of staff said fine lets see your receipt and continued to action a refund without question or really asking me what my position on having a refund or a replacement was. So I accepted the refund tacitly but with a little confusion as to why I couldn't just have a replacement PC? So I asked the staff member is it possible to just have a replacement.
The reply was it would be better to refund the initial purchase and then purchase a new one either from store or online. I thought no more of this and accepted the reasoning as I had no reason to think this would cause me my future debacle in 2 months time!! (Keep remembering the 6 day period as it is important).
The member of staff then asked did I use the computer for business, which I replied work use was the main reason for purchase. Enter the business manager! I was whisked to the corner of the store to discuss opening a business account, whilst also being able to re-purchase the computer I had just had a refund on. This again seemed a lot of effort for something that I could probably do online within a few minutes but I went along with it to see if there was any benefit (reduced cost) to registering with the business department.
Answer; No!! The same computer was not available from their business stock and could only be purchased from the online store. Never the less the business manager kindly ordered the computer for me, but as it was ordered from the business department I would have to have it delivered to the store. Initially I contemplated this as I knew an online purchase with home delivery would be quicker but as I had committed this far I accepted the business managers offer and re-purchased the same computer! I was now very confused as to why I hadn't just been offered a direct replacement (rather than a refund) or even just gone home and bought another online.
Any way new PC arrived, I picked up, set up and got working again. until yesterday!
Big red box with a system boot error! The same problem, again!!!
Not to worry, as the first PC had this problem and I didn't even have to ask they just refunded no questions, which made me think that I would have no issue getting this one sorted, although this time I was maybe thinking not to purchase the same PC just incase there was an underlying manufacturing fault.
So got to Customer service desk, same explanation but this time a slightly different response. The staff member was not sure a refund was indicated in this case (I looked confused) but with a little bit of optimism the staff member called over the manager. He was 100% confident that I was not entitled to a refund as the 7 day period was up (remember earlier on, the 6 day thingy that I said to remember). So I asked "what does he mean?, when I came with the same fault last time I was given a full refund no questions asked". His reply was "thats because it was within 7 days, which would have been explained". BUT THIS WAS NOT EXPLAINED TO ME!
So I said never mind that it has been over 7 days (more like 40 days) I still feel as its the same fault for the second time I should be entitled to a refund. Answer still no, and even worse because it had been over 30 days I was only entitled to a return within 28 day repair guarantee and not even a replacement.
This went back and forth for a while, the conversation got heated and then the written T&C's were shown to me on the back of my receipt. So reluctantly I accepted the repair but still thought I should be able to return goods that clearly had a consistent fault.
So I asked to escalate this further (to speak to their customer service department), so the manager kindly let me use his phone. In a nutshell the guy on the other end of the phone said according to consumer rights I should be entitled to replacement or refund as the second unit was a replacement item due to the first being faulty. I then began to tell him that the second PC was bought separately (but on the same day) and I was not informed at the time I could have just received a replacement. He then advised that because of the way the return had been dealt with I had lost my consumer rights in regards to receiving a full refund as the second PC was a separate transaction, but I should consider highlighting this to the manager as it clearly is not the correct process if I was initially happy to accept a replacement PC in the first place.
So I put the phone down and made the manager aware of the above scenario. Without much conflict he looked at my receipts and without much more fuss issued a full refund with and apology. (As easy as that, not even an offer of a replacement PC, a FULL REFUND!)
The longer version had at least 20 minutes of heated debate and another 30 minutes of a stand off as I thought I was being unfairly treated. (New born at home, wife getting stressed etc etc..... really didn't need this!!)
TAKE HOME MESSAGE
Make sure you don't accept a refund if you are willing to have an item replaced for the same because if the second one is faulty as well (i.e the item has an underlying manufacturing fault) you are able to request a full refund within 12 months as only one transaction has occurred (i.e its the same purchase but a second fault, meaning your rights are strengthened if you want a replacement/refund and not a repair). If like me without being fully informed of the options you accept a full refund and then go on to buy the same computer again on the same day, it is exactly the same as buying a computer from another shop. Your consumer rights will be different if this one is faulty and past the 7 day or 30 day replacement or refund period (i.e you cannot get a refund and will have to accept the offer of at least 1 repair).
beware of this sneaky tactic as it nearly caught me out and now I would be waiting for my repair (up to 28 days) rather than searching online for a computer from another retailer (delivery within 3).

shaun_from_Africa

KeithP wrote: »

You seem to have overlooked that you made the second purchase as a business.

In fact, the first computer was also a business purchase.

The member of staff then asked did I use the computer for business, which I replied work use was the main reason for purchase.

waamo

Should there also be a poll to see if paragraphs would be useful? I found that very difficult to read.

CardinalWolsey

pmduk wrote: »

Your first mistake was entering PCWorld[STRIKE] without learning your rights first.[/STRIKE]

I've fixed that for you