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

KatrinaWaves

Leroy_ said:

KatrinaWaves said:

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

Where? I see ‘try repair or replacement’

please copy paste the bit which states you have the right to a replacement. 

DoaM

After 30 days and before 6 months, any fault that arises is assumed to be inherent and it is for the seller to prove otherwise. If the seller accepts that the fault is genuine then they must offer a remedy ... such remedies being Repair, Replace or Refund (in full). A consumer can express a preference but it is ultimately the seller's decision. A seller cannot force the consumer (who is exercising their legal rights) to deal directly with the manufacturer (unless said manufacturer was the seller), however it is often quicker to do so as it removes the seller as a middleman in the process. (As long as the seller is aware - which they will be if they're the ones asking you to deal with the manufacturer - then you are not compromising your legal rights). If the goods are repaired (or replaced) and still fail to confirm to contract then you can reject them for a refund (via your Final Right To Reject).

JJ_Egan

From CR re under 6 months

I

If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.

During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was. 

If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund, or price reduction if you wish to keep the product.

** Under CR the vendor has the right to inspect .

** Under warranty or insurance  depends upon the conditions of the warranty .

Hasbeen

Since all John Lewis stores are closed, the only alternative is for the monitor to be sent to Acer?

John Lewis appears not to have a means of returning any item direct to them at this time.

They are basically informing the OP to return the monitor directly back to Acer. For repair, replacement.
Or refund?

John Lewis - Returning a faulty item

If your product develops a fault within 30 days of purchase, please return with proof of purchase and we’ll exchange or refund it. Please disable any security features and remove your personal data.

After 30 days, we’ll repair or replace the product in accordance with the terms of the Consumer Rights Act 2015.

For online and telephone purchases, we'll refund the standard delivery charge if the full order is returned within 14 days.

Leroy_

Hasbeen said:

Since all John Lewis stores are closed, the only alternative is for the monitor to be sent to Acer?

John Lewis appears not to have a means of returning any item direct to them at this time.

They are basically informing the OP to return the monitor directly back to Acer. For repair, replacement.
Or refund?

John Lewis - Returning a faulty item

If your product develops a fault within 30 days of purchase, please return with proof of purchase and we’ll exchange or refund it. Please disable any security features and remove your personal data.

After 30 days, we’ll repair or replace the product in accordance with the terms of the Consumer Rights Act 2015.

For online and telephone purchases, we'll refund the standard delivery charge if the full order is returned within 14 days.

This was in the email, so their ignoring any consumers rights and breaking it. 

Hasbeen

Leroy_ said:

Hasbeen said:

Since all John Lewis stores are closed, the only alternative is for the monitor to be sent to Acer?

John Lewis appears not to have a means of returning any item direct to them at this time.

They are basically informing the OP to return the monitor directly back to Acer. For repair, replacement.
Or refund?

John Lewis - Returning a faulty item

If your product develops a fault within 30 days of purchase, please return with proof of purchase and we’ll exchange or refund it. Please disable any security features and remove your personal data.

After 30 days, we’ll repair or replace the product in accordance with the terms of the Consumer Rights Act 2015.

For online and telephone purchases, we'll refund the standard delivery charge if the full order is returned within 14 days.

This was in the email, so their ignoring any consumers rights and breaking it. 

Yes as stated in my last post.

"After 30 days, we’ll repair or replace the product in accordance with the terms of the Consumer Rights Act 2015."

To enable for that to happen then it must be returned to Acer.

It would be the quickest alternative at this time?

JJ_Egan

Probably as JL will send it to Acer for inspection .

[Deleted User]

Leroy_ said:

This was in the email, so their ignoring any consumers rights and breaking it. 

No, they very clearly are not "ignoring" your Rights or "breaking" them. 

Even if John Lewis was open as normal, they don't conduct any repairs or full inspections of such items as yours on their premises and would simply send it to the Manufacturer on your behalf. 

As the Lockdown currently means their stores are closed, they are suggesting it could be more expedient to send it direct to Acer yourself. 

Whether there will be anyone currently at Acer workshops to repair your machine is something you may wish to consider before doing so, however. 

Certainly, they won't simply issue a refund without any inspection taking place...

DCFC79

OP I agree with everyone else, JL are offering a repair which is perfectly fine. Is a repair not what you want ? It gets you a working monitor, Acer might even decide to just replace it or inform JL to send you a replacement.

Manxman_in_exile

Perhaps I'm being a bit thick, but isn't that message from JL rather badly worded?  It reads to me that because it's "over 30 days old we will not be providing you with a replacement, exchange or refund".  Perhaps I'm being stupid, but can they say that?  It then goes on to say that under the parts and labour guarantee, a repair is "required", as if that is the only option.

To me that reads that JL are trying to wash their hands of any responsibility they have towards the consumer, and are saying the consumer must go through the manufacturer.  I understand the point that everyone is making that JL would only send it to ACER for inspection anyway, but why don't they make that clear?  eg  "Yes Mr Hasbeen, after 30 days and before six months you have the right to a replacement, a repair or a refund (at our choice) but as all our shops are currently shut owing to the lock-down and as we would only send it to the manufacturer for inspection anyway, we suggest that under all the circumstances you would find it quicker and more convenient for yourself to return it to the manufacturer under the parts and labour guarantee.  This would not affect any of your consumer rights against us".

Maybe I'm wrong but that wording from JL seems particularly clumsy to me.