John Lewis won't replace, exchange or refund my new Monitor

245

Comments

  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
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    edited 13 April 2020 at 8:43AM
    Leroy_ said:


    They pan you off to contact the company for repairs, I have been sold a worthless warranty. What I don't expect is to be told straight up I will not get a replace, exchange or a refund? I don't understand it serves no useful purpose (the 2yr warranty). I've attached an image of the warranty so you can get a clearer understanding. I'm working nightshifts in the nhs so my replies are slow
    The FREE 2year guarantee from John Lewis is included. Example below that is for malfunction / breakdowns / faults = Repairs

    Acer E Series ED273URPbidpx, Quad HD Curved Monitor, 27", Black

    • 2 year guarantee included


    The "worthless Warranty" you purchased from London & General is for accidental damage.

    Description of cover

    This policy, together with the confirmation schedule provides cover against accidental damage of your Product. In this document, Product refers to the item purchased from John Lewis & Partners, which you purchased Added Care Insurance for and is detailed on your confirmation schedule.


    As has been advised your monitor fault is covered under the MFG/John Lewis, ACER guarantee and should be returned to ACER for repair.


    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 13 April 2020 at 11:52AM
    Ectophile said:
    You have no legal right to what you consider to be a statutory outcome.  As the goods are more than 30 days old, your absolute right to reject has expired.  So it's up to them to fix the problem, which could include repairing the monitor if they consider that it is the most cost-effective option.
    No it hasn't ... there's no such thing as an Absolute Right To Reject. I think you're getting confused with the consumer's Initial Right To Reject. :) If the goods are repaired and then still fail to conform to contract (for whatever [reasonable] reason) then the consumer can exercise their Final Right To Reject.
  • Leroy_
    Leroy_ Posts: 14 Forumite
    10 Posts
    Hasbeen said:
    Leroy_ said:


    They pan you off to contact the company for repairs, I have been sold a worthless warranty. What I don't expect is to be told straight up I will not get a replace, exchange or a refund? I don't understand it serves no useful purpose (the 2yr warranty). I've attached an image of the warranty so you can get a clearer understanding. I'm working nightshifts in the nhs so my replies are slow
    The "worthless Warranty" you purchased from London & General is for accidental damage.

    Description of cover

    This policy, together with the confirmation schedule provides cover against accidental damage of your Product. In this document, Product refers to the item purchased from John Lewis & Partners, which you purchased Added Care Insurance for and is detailed on your confirmation schedule.


    As has been advised your monitor fault is covered under the MFG/John Lewis, ACER guarantee and should be returned to ACER for repair.


    An accident is something you cannot be blamed for, the monitor breaking is not a result of my own actions (any event that happens unexpectedly, without a deliberate plan or cause). So the insurance should cover me in this instance. 


  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Leroy_ said:
    Hasbeen said:
    Leroy_ said:


    They pan you off to contact the company for repairs, I have been sold a worthless warranty. What I don't expect is to be told straight up I will not get a replace, exchange or a refund? I don't understand it serves no useful purpose (the 2yr warranty). I've attached an image of the warranty so you can get a clearer understanding. I'm working nightshifts in the nhs so my replies are slow
    The "worthless Warranty" you purchased from London & General is for accidental damage.

    Description of cover

    This policy, together with the confirmation schedule provides cover against accidental damage of your Product. In this document, Product refers to the item purchased from John Lewis & Partners, which you purchased Added Care Insurance for and is detailed on your confirmation schedule.


    As has been advised your monitor fault is covered under the MFG/John Lewis, ACER guarantee and should be returned to ACER for repair.


    An accident is something you cannot be blamed for, the monitor breaking is not a result of my own actions (any event that happens unexpectedly, without a deliberate plan or cause). So the insurance should cover me in this instance. 


    Sorry if I misunderstood your original post where you stated "A few days ago the monitors panel developed a fault and it is now unusable." Covered under Acer/JL

    So now you are stating you wish to claim it was accidentally damaged?  Then go ahead and claim against the accidental damage policy you purchased. Problem solved! 
    o:)
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • eddddy
    eddddy Posts: 17,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 April 2020 at 7:54AM
    Leroy_ said:
    An accident is something you cannot be blamed for, the monitor breaking is not a result of my own actions (any event that happens unexpectedly, without a deliberate plan or cause). So the insurance should cover me in this instance. 


    No - a fault isn't considered to be an accident. (A fault is something that occurs as a result of normal usage of the monitor.) 

    But examples of accidents might be...
    • you unintentionally drop the monitor whilst carrying it
    • you unintentionally knock the monitor and it falls off the desk and breaks
    • you unintentionally spill coffee over the monitor and it stops working
    • a heavy object unexpectedly / unintentionally falls off a shelf and breaks the monitor

    Did anything like that happen to the monitor?
  • Leroy_
    Leroy_ Posts: 14 Forumite
    10 Posts
    eddddy said:
    Leroy_ said:
    An accident is something you cannot be blamed for, the monitor breaking is not a result of my own actions (any event that happens unexpectedly, without a deliberate plan or cause). So the insurance should cover me in this instance. 


    No - a fault isn't considered to be an accident. (A fault is something that occurs as a result of normal usage of the monitor.) 

    But examples of accidents might be...
    • you unintentionally drop the monitor whilst carrying it
    • you unintentionally knock the monitor and it falls off the desk and breaks
    • you unintentionally spill coffee over the monitor and it stops working
    • a heavy object unexpectedly / unintentionally falls off a shelf and breaks the monitor

    Did anything like that happen to the monitor?
    But I assumed under the term accident where, an undesirable or unfortunate happening that occurs unintentionally and usually results in damage. But when I turned the screen on it was unintentional that it broke?/or I unintentionally broke it when switching it on
    The point is, I should have the right for it to be replaced as its under 6 month old under the The Consumer Rights Act 2015, even with out that Added Care. Why are they saying send it away for repairs and to contact the company, that's just panning people off.
  • eddddy
    eddddy Posts: 17,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 April 2020 at 11:34AM
    Leroy_ said:
    But I assumed under the term accident where, an undesirable or unfortunate happening that occurs unintentionally and usually results in damage. But when I turned the screen on it was unintentional that it broke?/or I unintentionally broke it when switching it on
    The point is, I should have the right for it to be replaced as its under 6 month old under the The Consumer Rights Act 2015, even with out that Added Care. Why are they saying send it away for repairs and to contact the company, that's just panning people off.

    (Do you mean you unintentionally broke the switch through misuse - for example, by hitting it hard? I'll assume that's not the case. Instead, I'll assume that the switch or monitor was faulty.)

    You're jumping between, and muddling 3 different things...

    • Your rights under the The Consumer Rights Act 2015
    • Your 2 year warranty
    • Your 2 year Accidental Damage Insurance policy

    Have a look here for a summary of your rights under The Consumer Rights Act 2015:
    https://www.moneysavingexpert.com/news/2015/09/your-consumer-rights-are-changing-what-you-need-to-know/

    The article explains that:
    • You now have 30 days to return faulty goods and get a full refund.
    • If it's been more than 30 days, you now have to try a repair or replacement before asking for a refund.
    • If that repair or replacement doesn't help, you can now ask for a refund after just one attempt. 

      It sounds like you've had the monitor for more than 30 days, so you have to allow them to attempt a repair.
  • KatrinaWaves
    KatrinaWaves Posts: 2,944 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Leroy_ said:
    eddddy said:
    Leroy_ said:
    An accident is something you cannot be blamed for, the monitor breaking is not a result of my own actions (any event that happens unexpectedly, without a deliberate plan or cause). So the insurance should cover me in this instance. 


    No - a fault isn't considered to be an accident. (A fault is something that occurs as a result of normal usage of the monitor.) 

    But examples of accidents might be...
    • you unintentionally drop the monitor whilst carrying it
    • you unintentionally knock the monitor and it falls off the desk and breaks
    • you unintentionally spill coffee over the monitor and it stops working
    • a heavy object unexpectedly / unintentionally falls off a shelf and breaks the monitor

    Did anything like that happen to the monitor?
    But I assumed under the term accident where, an undesirable or unfortunate happening that occurs unintentionally and usually results in damage. But when I turned the screen on it was unintentional that it broke?/or I unintentionally broke it when switching it on
    The point is, I should have the right for it to be replaced as its under 6 month old under the The Consumer Rights Act 2015, even with out that Added Care. Why are they saying send it away for repairs and to contact the company, that's just panning people off.
    No you have the right to a refund, replacement or repair. There is no automatic right to a replacement!
  • Leroy_
    Leroy_ Posts: 14 Forumite
    10 Posts
    Leroy_ said:
    eddddy said:
    Leroy_ said:
    An accident is something you cannot be blamed for, the monitor breaking is not a result of my own actions (any event that happens unexpectedly, without a deliberate plan or cause). So the insurance should cover me in this instance. 


    No - a fault isn't considered to be an accident. (A fault is something that occurs as a result of normal usage of the monitor.) 

    But examples of accidents might be...
    • you unintentionally drop the monitor whilst carrying it
    • you unintentionally knock the monitor and it falls off the desk and breaks
    • you unintentionally spill coffee over the monitor and it stops working
    • a heavy object unexpectedly / unintentionally falls off a shelf and breaks the monitor

    Did anything like that happen to the monitor?
    But I assumed under the term accident where, an undesirable or unfortunate happening that occurs unintentionally and usually results in damage. But when I turned the screen on it was unintentional that it broke?/or I unintentionally broke it when switching it on
    The point is, I should have the right for it to be replaced as its under 6 month old under the The Consumer Rights Act 2015, even with out that Added Care. Why are they saying send it away for repairs and to contact the company, that's just panning people off.
    No you have the right to a refund, replacement or repair. There is no automatic right to a replacement!
    The link Eddy attached above does state you can now try a replacement
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