New Curry's laptop, set up but then not fit for purpose, sending back but should it be reset ?

frosch411

Hi forumites :-)
I hope this is the right place..was a bit of a toss between here and the Shopping section.

I bought a brand new laptop from Curry's during the current BF offers (was all good on paper), got it delivered yesterday, and then set it up and registered it with the manufacturer (Acer).

From its initial very limited use during set-up, I've come to the conclusion it’s not really suitable for purpose: The fan is very loud and it ramps up to full speed for even the smallest task (not even having a browser open and set to Silent in Acer's something's).
The machine was discounted from £699 to £399, it has decent enough specs to handle browsing and MS Office work.

As this doesn’t seem right, I’ve requested a refund from Currys also yesterday and they’ve arranged a collection QR code for local DPD drop-off.

My question now is: what should I do with the laptop since I’ve already set it up?
Can/should I reset it back to factory settings to wipe the data I’ve put on during set-up, and should I contact the manufacturer, Acer, to remove the device that I registered with them?

FYI:
I paid for the laptop mostly with vouchers but had also put £100 on a credit card for extra consumer protection.
Annoyed a refund will only be issued in the same way (so expect most back in vouchers 😭 plus £100 back to card).

As always, grateful for a response.
Thank you 😊 

Desmond_Hume

Have you asked Curry’s?

eskbanker

Sounds more like a data security issue than a consumer rights one, but yes, if any of the data you put on there is personal then worth resetting to the condition in which it was delivered.

For future reference, there's no need to put £100 on a credit card to achieve s75 protection, a penny would do (it's the item value that needs to be £100 or more)!

MyRealNameToo

frosch411 said:

Hi forumites :-)
I hope this is the right place..was a bit of a toss between here and the Shopping section.

I bought a brand new laptop from Curry's during the current BF offers (was all good on paper), got it delivered yesterday, and then set it up and registered it with the manufacturer (Acer).

From its initial very limited use during set-up, I've come to the conclusion it’s not really suitable for purpose: The fan is very loud and it ramps up to full speed for even the smallest task (not even having a browser open and set to Silent in Acer's something's).
The machine was discounted from £699 to £399, it has decent enough specs to handle browsing and MS Office work.

As this doesn’t seem right, I’ve requested a refund from Currys also yesterday and they’ve arranged a collection QR code for local DPD drop-off.

My question now is: what should I do with the laptop since I’ve already set it up?
Can/should I reset it back to factory settings to wipe the data I’ve put on during set-up, and should I contact the manufacturer, Acer, to remove the device that I registered with them?

FYI:
I paid for the laptop mostly with vouchers but had also put £100 on a credit card for extra consumer protection.
Annoyed a refund will only be issued in the same way (so expect most back in vouchers 😭 plus £100 back to card).

As always, grateful for a response.
Thank you 😊 

What "purpose" do you think it isnt fit for? 

For a claim of it not being fit for purpose you would need to evidence that its a purpose that the vendor said it was for not just your particular purpose that you didnt discuss with the vendor. Eg if you wanted it to run as the source for all content in a Home Cinema test up you may think the fan noise is a problem but unless it was advertised as a HTPC or as ultra quiet thats a your poor choice issue not a question of if its fit for purpose.

The reason you gave for return will be a significant factor, if you return it as faulty then the fact its been setup is irrelevant but you risk them rejecting it saying its not faulty but is just a PC thats louder than others but within the stated DBs. 

If you return it as a change of mind then the fact they can no longer sell it as new could well influence the outcome. 

frosch411

Desmond_Hume said:

Have you asked Curry’s?

Not yet, it was late last night, and they were quick in sending through a return QR code.
I'll check with them also.
Thanks 👍🏼 

frosch411

eskbanker said:

Sounds more like a data security issue than a consumer rights one, but yes, if any of the data you put on there is personal then worth resetting to the condition in which it was delivered.

For future reference, there's no need to put £100 on a credit card to achieve s75 protection, a penny would do (it's the item value that needs to be £100 or more)!

Ah, of course (re £0.01 vs £100)..at the time I was quite focussed and only recalled "£100 and above" but should have remembered ML'sguidance on the penny too.
Thank you

frosch411

MyRealNameToo said:

frosch411 said:

Hi forumites :-)
I hope this is the right place..was a bit of a toss between here and the Shopping section.

I bought a brand new laptop from Curry's during the current BF offers (was all good on paper), got it delivered yesterday, and then set it up and registered it with the manufacturer (Acer).

From its initial very limited use during set-up, I've come to the conclusion it’s not really suitable for purpose: The fan is very loud and it ramps up to full speed for even the smallest task (not even having a browser open and set to Silent in Acer's something's).
The machine was discounted from £699 to £399, it has decent enough specs to handle browsing and MS Office work.

As this doesn’t seem right, I’ve requested a refund from Currys also yesterday and they’ve arranged a collection QR code for local DPD drop-off.

My question now is: what should I do with the laptop since I’ve already set it up?
Can/should I reset it back to factory settings to wipe the data I’ve put on during set-up, and should I contact the manufacturer, Acer, to remove the device that I registered with them?

FYI:
I paid for the laptop mostly with vouchers but had also put £100 on a credit card for extra consumer protection.
Annoyed a refund will only be issued in the same way (so expect most back in vouchers 😭 plus £100 back to card).

As always, grateful for a response.
Thank you 😊 

What "purpose" do you think it isnt fit for? 

For a claim of it not being fit for purpose you would need to evidence that its a purpose that the vendor said it was for not just your particular purpose that you didnt discuss with the vendor. Eg if you wanted it to run as the source for all content in a Home Cinema test up you may think the fan noise is a problem but unless it was advertised as a HTPC or as ultra quiet thats a your poor choice issue not a question of if its fit for purpose.

The reason you gave for return will be a significant factor, if you return it as faulty then the fact its been setup is irrelevant but you risk them rejecting it saying its not faulty but is just a PC thats louder than others but within the stated DBs. 

If you return it as a change of mind then the fact they can no longer sell it as new could well influence the outcome. 

Yes, "changed my mind was an option" but I didn't think it was applicable and as you said it would impact the possible outcome.

I do think it's not right so had selected "Faulty" as the option for the return.
The purpose is light work on the machine (no gaming etc) which it seems to be able to only just do.
Not being super tech savvy, I cannot open the laptop to check if there's a true fault with the fan, but I've worked with many different laptops before to know that simplely opening a folder on the drive should not set off the fan to max speed 🙃

Ayr_Rage

Being refunded to the same method as you used to pay shouldn't come as a surprise at all, I cannot see why you are annoyed.

For security reasons remove all personal data and if possible deregister the device with Acer.

As for the fan running a lot could it simply have been downloading and installing a large W11 update?

I don't think this comes under "not fit for purpose" at all if it performs the tasks expected of a laptop.

the_lunatic_is_in_my_head

MyRealNameToo said:

For a claim of it not being fit for purpose you would need to evidence that its a purpose that the vendor said it was for not just your particular purpose that you didnt discuss with the vendor. 

This isn't particularly correct, there is Section 10:

https://www.legislation.gov.uk/ukpga/2015/15/section/10

which covers purposes the consumer asked about (e.g will this lawnmower cut brambles) 

This there is Section 9

https://www.legislation.gov.uk/ukpga/2015/15/section/9

which is satisfactory quality noting

fitness for all the purposes for which goods of that kind are usually supplied

Whilst it may be somewhat pedantic, there isn't anything that says the purpose has be stated as such by the supplier.

Were there a purpose that was stated but didn't apply that would come under Section 11 (to be as described)

https://www.legislation.gov.uk/ukpga/2015/15/section/11

OP in terms of returning you either need to state it is not of satisfactory quality (by the standards of a reasonable person with consideration to price) or change your mind. If changing your mind the cost of resetting the equipment could be a valid deduction. Since you should be able to do this there wouldn't be a need for the retailer to do and thus no deduction. 

Noting the above, ability to resell as new isn't particularly relevant, rather whether your handling of the goods was excessive in order to establish the nature and characteristics of the goods.

Regs say you may handle to the extent of in a shop (so you could interact with a display model in a shop), the EU guidance says things such a protective films shouldn't be removed. Turning the laptop on, using it and bit and then resetting it is fine. 

If it goes back in the box in perfect condition with a factory reset you should hopefully be fine. 

However, registering the warranty may be an issue as I assume it's linked to the serial number, whether Currys will check who knows.  

Ayr_Rage

I also purchased an Acer laptop from Currys recently (30 October) in their sale.

All is well with mine.

I have just checked on the Acer website where I registered the device and there is an option of remove it.

What happens if the laptop is returned, checked and resold is unknown territory for those outside of Acer. 

DeathByFluffy

With all due respect, why are you even slightly surprised they're refunding back the exact same way you've paid? 
That should be obvious really - it's standard across all retailers.