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

HHarry

It could be a while before things get back to normal, who's to say they won't turn around later and refuse you.
I have emailed the two advisers again asking for a replacement under the consumers rights due to the item being under 6 months old. I wasn't going to rush ahead and not take any advice from this website, clearly they are in the wrong by what they have said so they now have a chance to rectify that. (also they should be giving you the option to contact them yourself or if you need help from us to do it for you, as the retailer has a responsibility). 

  

  But you don't get to decide that you get a replacement.  After 30 days the seller (John Lewis) gets to choose whether they are going to repair, replace or refund.  They've chosen to repair, and by doing so have fulfilled their obligations.

 The quickest way of getting your monitor repaired is by dealing with the Manufacturer.  If you specifically want John Lewis to deal with it, then you'll have to wait for the stores to re-open so you can take it in. (And then wait whilst they deal with the Manufacturer)

Hasbeen

DoaM said:

You can adjust the visible number of nested quotes in your forum profile.

Thanks have now adjusted and the multiple pages lying on top of each other have gone. Now only the show previous post message.

Leroy_

Moneyineptitude said:

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...

For a start I'm not asking for a refund I'm asking for a replacement. 

Second of all look at the message again, "We will not be providing you with a replacement, exchange or refund because your monitor is over 30days old"
If they explained that a repair would be best then fair enough, but not lying to the consumer telling them the opposite to their rights.

HHarry

For a start I'm not asking for a refund I'm asking for a replacement. 

Second of all look at the message again, "We will not be providing you with a replacement, exchange or refund because your monitor is over 30days old"
If they explained that a repair would be best then fair enough, but not lying to the consumer telling them the opposite to their rights.

The message is factually correct.  They aren’t providing a replacement, exchange or refund because your monitor is over 30 days old.  They’ve chosen to repair - which is an acceptable solution to your issue.
 I’m struggling to see where the lie is.

Hasbeen

HHarry said:

For a start I'm not asking for a refund I'm asking for a replacement. 

Second of all look at the message again, "We will not be providing you with a replacement, exchange or refund because your monitor is over 30days old"
If they explained that a repair would be best then fair enough, but not lying to the consumer telling them the opposite to their rights.

The message is factually correct.  They aren’t providing a replacement, exchange or refund because your monitor is over 30 days old.  They’ve chosen to repair - which is an acceptable solution to your issue.
 I’m struggling to see where the lie is.

The Op is waiting on John Lewis customer service replying to the 2 emails he sent. Looking for a replacement now without the need and time spent time sending and waiting on repair for faulty monitor from Acer?

It is his choice, try for working replacement now or wait X amount time on repair?

Hope all works out.

OP please keep all updated with progress

[Deleted User]

Leroy_ said:

For a start I'm not asking for a refund I'm asking for a replacement. 

But as repeatedly stated in the thread, you have lost the initial right to demand a replacement (or a refund) by virtue of the item having been purchased three months ago.  

After thirty days have elapsed, the retailer can choose to repair the item. You purchased 90 days ago. 

This is exactly what would have happened if you'd taken the item back to a physical store. The store colleague would have looked at the date on your receipt and informed you that it would have to go off for inspection and repair. 

Understand that you would not have been offered an on-the-spot replacement or refund.  

So, now you have a choice. Either wait for things to return to normal and then return the item (for repair) through John Lewis' own channels or return the item(again for repair) to the manufacturer directly. 

It could be that the manufacturer decide that the item is uneconomical to repair, in which case a replacement could be offered. However, you don't get to decide that. 

In the event that any such repair is unsuccessful you would then have the final  right to reject the item and insist on a refund or replacement. 

I hope, after reading this, you finally have the message. Certainly I won't be returning to this long thread to repeat what has already been said repeatedly since page one. 

 

Hasbeen

Moneyineptitude said:

Leroy_ said:

For a start I'm not asking for a refund I'm asking for a replacement. 

But as repeatedly stated in the thread, you have lost the initial right to demand a replacement (or a refund) by virtue of the item having been purchased three months ago.  

After thirty days have elapsed, the retailer can choose to repair the item. You purchased 90 days ago. 

This is exactly what would have happened if you'd taken the item back to a physical store. The store colleague would have looked at the date on your receipt and informed you that it would have to go off for inspection and repair. 

Understand that you would not have been offered an on-the-spot replacement or refund.  

So, now you have a choice. Either wait for things to return to normal and then return the item (for repair) through John Lewis' own channels or return the item(again for repair) to the manufacturer directly. 

It could be that the manufacturer decide that the item is uneconomical to repair, in which case a replacement could be offered. However, you don't get to decide that. 

In the event that any such repair is unsuccessful you would then have the final  right to reject the item and insist on a refund or replacement. 

I hope, after reading this, you finally have the message. Certainly I won't be returning to this long thread to repeat what has already been said repeatedly since page one. 

 

That. I believe is the common sense answer/approach to the OPs problem.

But Op initially appeared confused by free warranties for faults etc and paid for insurance re accidental damage?

He believes an immediate replacement should be supplied  by right.

If op had sent the monitor for repair as JL advised to Acer, it might even be back by now or a replacement sent?

Op has decided to go down another route by demanding a new replacement.

Ops choice. Perhaps if JL had agreed it may have a quicker way of getting new monitor.

Interesting to see,  if the emails sent to the 2 JL customer service reps will have any outcome?

Leroy_

A quick update folks,
After replying to JL claiming for a replacement under the consumers rights it appears we have a new response from another JL adviser, this time with a little bit more sympathy. 
I spoke to one of them yesterday and arranged the item to be returned for a FULL refund due to the same monitor being out of stock so I couldn't get a replace.
Now that its sorted I am relieved, so the question is, was the first response by JL appropriate to the consumer?
Don't ask you don't get, I guess.

[Deleted User]

Leroy_ said: so the question is, was the first response by JL appropriate to the consumer?

John Lewis clearly decided to simply take the hit on this. 

Since they were no longer under  legal  obligation to refund or replace, they've obviously offered to refund purely as a goodwill gesture. 

Obviously no one responding  to this thread was privy to the photographs you sent, but in normal circumstances John Lewis would want an expert inspection of the machine before offering any refund. 

Regardless, well done on getting your money back.