Dell XPS - Replacement Laptop Request

jonboyuk

arthurfowler said:

jonboyuk said:

arthurfowler said:

Actually the fact they are not in the UK may be in your favour (with regards to a refund). They should have a LOT of refurb 9310s in stock though, so am sure they can easily replace. 

Just be direct with them and polite.

That's some very useful advice, thank you. I will definitely attempt that approach. I just need to brush up on what I'm saying first re: legislation.

Unfortunately, as you bought from the Business site, that means you won't be covered by the Consumer Rights Act. 

Damn! So I have no legislative cover?

neilmcl

jonboyuk said:

arthurfowler said:

jonboyuk said:

arthurfowler said:

Actually the fact they are not in the UK may be in your favour (with regards to a refund). They should have a LOT of refurb 9310s in stock though, so am sure they can easily replace. 

Just be direct with them and polite.

That's some very useful advice, thank you. I will definitely attempt that approach. I just need to brush up on what I'm saying first re: legislation.

Unfortunately, as you bought from the Business site, that means you won't be covered by the Consumer Rights Act. 

Damn! So I have no legislative cover?

You are still covered by the Sale of Goods Act but this is fairly limited in comparison to consumer legislation and certainly wouldn't prevent the seller from attempting to continue to keep attempting a repair.

jonboyuk

neilmcl said:

jonboyuk said:

arthurfowler said:

jonboyuk said:

arthurfowler said:

Actually the fact they are not in the UK may be in your favour (with regards to a refund). They should have a LOT of refurb 9310s in stock though, so am sure they can easily replace. 

Just be direct with them and polite.

That's some very useful advice, thank you. I will definitely attempt that approach. I just need to brush up on what I'm saying first re: legislation.

Unfortunately, as you bought from the Business site, that means you won't be covered by the Consumer Rights Act. 

Damn! So I have no legislative cover?

You are still covered by the Sale of Goods Act but this is fairly limited in comparison to consumer legislation and certainly wouldn't prevent the seller from attempting to continue to keep attempting a repair.

Ok well that's something at least...

I never understand it though. 3 repairs which have meant 2 keyboards, 1 screen, 1 set of speakers, 1 trackpad, 1 chassis, 1 motherboard (inc processor, RAM and SSD), plus 3x labour for site visiting technicians.

Or just replace it. Where's the logic!?

arthurfowler

jonboyuk said:

neilmcl said:

jonboyuk said:

arthurfowler said:

jonboyuk said:

arthurfowler said:

Actually the fact they are not in the UK may be in your favour (with regards to a refund). They should have a LOT of refurb 9310s in stock though, so am sure they can easily replace. 

Just be direct with them and polite.

That's some very useful advice, thank you. I will definitely attempt that approach. I just need to brush up on what I'm saying first re: legislation.

Unfortunately, as you bought from the Business site, that means you won't be covered by the Consumer Rights Act. 

Damn! So I have no legislative cover?

You are still covered by the Sale of Goods Act but this is fairly limited in comparison to consumer legislation and certainly wouldn't prevent the seller from attempting to continue to keep attempting a repair.

Ok well that's something at least...

I never understand it though. 3 repairs which have meant 2 keyboards, 1 screen, 1 set of speakers, 1 trackpad, 1 chassis, 1 motherboard (inc processor, RAM and SSD), plus 3x labour for site visiting technicians.

Or just replace it. Where's the logic!?

That is indeed a waste. What exactly is the issue with it now? You mentioned previous technicians have made it worse - have you said that to them? 

jonboyuk

arthurfowler said:

jonboyuk said:

neilmcl said:

jonboyuk said:

arthurfowler said:

jonboyuk said:

arthurfowler said:

Actually the fact they are not in the UK may be in your favour (with regards to a refund). They should have a LOT of refurb 9310s in stock though, so am sure they can easily replace. 

Just be direct with them and polite.

That's some very useful advice, thank you. I will definitely attempt that approach. I just need to brush up on what I'm saying first re: legislation.

Unfortunately, as you bought from the Business site, that means you won't be covered by the Consumer Rights Act. 

Damn! So I have no legislative cover?

You are still covered by the Sale of Goods Act but this is fairly limited in comparison to consumer legislation and certainly wouldn't prevent the seller from attempting to continue to keep attempting a repair.

Ok well that's something at least...

I never understand it though. 3 repairs which have meant 2 keyboards, 1 screen, 1 set of speakers, 1 trackpad, 1 chassis, 1 motherboard (inc processor, RAM and SSD), plus 3x labour for site visiting technicians.

Or just replace it. Where's the logic!?

That is indeed a waste. What exactly is the issue with it now? You mentioned previous technicians have made it worse - have you said that to them? 

Now the trackpad only works intermittently, the spacebar mechanism doesn't work properly, the screen has turned off twice without warning (during use). The technician also used the wrong screw at the back and it was too long and started to push through the plastic which created a slight dent in the top.

I said that to the technician at the time and I asked him to note my dissatisfaction on the report, which he did.

This morning I had a WhatsApp from Dell saying they see the technician has completed the work and assume everything is now okay.... I don't even know where to begin 🤦

the_lunatic_is_in_my_head

arthurfowler said:

jonboyuk said:

arthurfowler said:

Actually the fact they are not in the UK may be in your favour (with regards to a refund). They should have a LOT of refurb 9310s in stock though, so am sure they can easily replace. 

Just be direct with them and polite.

That's some very useful advice, thank you. I will definitely attempt that approach. I just need to brush up on what I'm saying first re: legislation.

Unfortunately, as you bought from the Business site, that means you won't be covered by the Consumer Rights Act. 

Just to clarify purchasing from a so-called "business" or "trade only" site doesn't change what you are classed as and if you are a consumer then the consumer rights apply.

The Consumer Rights Act prohibits terms that exclude or limit the consumer's rights, if companies wish to sell only to those who are not consumers they must place a barrier between consumers and their goods or services. Agreeing to T&Cs or such wouldn't be acceptable, a lot of genuine trade companies will want proof you are business along with trade references and for you to regularly spend with them. The type of item may be a consideration but plenty of people may prefer professional equipment for everyday use in the hope it will perform better or last longer. 

By purchasing from these "business" sites you may have a harder time enforcing your rights as the company will be more likely to refer to their policies and for any legal avenues you may be required to demonstrate (probably on the balance of probability) that you aren't a business or trader but this shouldn't be impossible if you aren't. 

I don't see that being an employee and purchasing something for assisting with your work means you aren't a consumer otherwise this would apply to whole host of everyday things such as clothes or shoes for example (although happy to be corrected on this point). 

OP assuming you are a consumer then consumer rights are to show the goods do not conform, usually with an independent report as to how the goods have failed in terms of durability, typically the report should highlight what the issue is and that this hasn't been caused by user error or misuse. 

You'd have the right to a repair or replacement, if they say that they can’t repair or replace, refuse to or claim it’s disproportionately expensive then you have the final right to reject or a price reduction.

If after 1 repair attempt (looks like you've already had 3 failed repairs) the goods still do not conform you may move straight to rejecting for a refund or a price reduction.

Under the final right to reject for goods older than 6 months the refund my be reduced for ownership vs the expected lifespan of the product. 

jonboyuk

the_lunatic_is_in_my_head said:

Under the final right to reject for goods older than 6 months the refund my be reduced for ownership vs the expected lifespan of the product. 

That's all slightly over my head, but I think I get the gist. Business or not, I am actually the literal consumer of the product. I run a small company (2 people small!) and this laptop I use for work and home, I just happened to buy it through the Dell business site because I assumed I'd receive better support..... alas!

The damage (bar one faulty keyboard on visit 2 which I can't blame the tech for), was otherwise caused by the process of opening the laptop and closing it again. In fact the 3rd tech said that he was of the opinion that they weren't designed to be open and closed quite so frequently, although I'll take that with a pinch of salt. I imagine Dell have such a wide range of machines it's hard for a tech to be fully versed in every single machine.

With all that said, I have a laptop that has been damaged, or left faulty on 3 occasions now, so I believe it's fair that I've lost all trust in the repair procedure. 

Dell are doing most of this with me via Whatsapp, so I guess it's time to get stuck in with them again.  

the_lunatic_is_in_my_head

jonboyuk said:

the_lunatic_is_in_my_head said:

Under the final right to reject for goods older than 6 months the refund my be reduced for ownership vs the expected lifespan of the product. 

That's all slightly over my head, but I think I get the gist. Business or not, I am actually the literal consumer of the product. I run a small company (2 people small!) and this laptop I use for work and home, I just happened to buy it through the Dell business site because I assumed I'd receive better support..... alas!

Apologies for any confusion, we all "consume" but the use of the word consumer is to differentiate from otherwise being a trader or business. 

Considering the second highlighted sentence I would say you aren't a consumer unfortunately, that doesn't mean you don't have any rights but does mean the legislation pertaining specifically to consumer rights wouldn't apply to the contract. 

jonboyuk

the_lunatic_is_in_my_head said:

jonboyuk said:

the_lunatic_is_in_my_head said:

Under the final right to reject for goods older than 6 months the refund my be reduced for ownership vs the expected lifespan of the product. 

That's all slightly over my head, but I think I get the gist. Business or not, I am actually the literal consumer of the product. I run a small company (2 people small!) and this laptop I use for work and home, I just happened to buy it through the Dell business site because I assumed I'd receive better support..... alas!

Apologies for any confusion, we all "consume" but the use of the word consumer is to differentiate from otherwise being a trader or business. 

Considering the second highlighted sentence I would say you aren't a consumer unfortunately, that doesn't mean you don't have any rights but does mean the legislation pertaining specifically to consumer rights wouldn't apply to the contract. 

No that's fine. I've got a manager calling me in an hour or so, so we'll see how that transpires! 

arthurfowler

jonboyuk said:

the_lunatic_is_in_my_head said:

jonboyuk said:

the_lunatic_is_in_my_head said:

Under the final right to reject for goods older than 6 months the refund my be reduced for ownership vs the expected lifespan of the product. 

That's all slightly over my head, but I think I get the gist. Business or not, I am actually the literal consumer of the product. I run a small company (2 people small!) and this laptop I use for work and home, I just happened to buy it through the Dell business site because I assumed I'd receive better support..... alas!

Apologies for any confusion, we all "consume" but the use of the word consumer is to differentiate from otherwise being a trader or business. 

Considering the second highlighted sentence I would say you aren't a consumer unfortunately, that doesn't mean you don't have any rights but does mean the legislation pertaining specifically to consumer rights wouldn't apply to the contract. 

No that's fine. I've got a manager calling me in an hour or so, so we'll see how that transpires! 

Good luck!