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

MyRealNameToo

the_lunatic_is_in_my_head said:

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.  

You say Im wrong but then post a link that supports what I say... clause 1 talks about the consumer stating a purpose, basically covering off the end of the sentence quoted and the other is what the general use is which would broadly be that if they are advertising it as a HTPC then its as a HTPC, if they advertise it as a general laptop then its a general laptop. 

Assuming it was advertised as a general laptop then the OP saying its more noisy would be a much more difficult thing to argue than if it was sold as a HTPC or claims that its very quiet. Its fan noise, most laptops have fan noise but vary extensively on when it kicks in and how loud it is... some manufacturers are very risk adverse so the fans come on earlier and louder, others may not even have fans but instead with throttle the CPU/GPU to avoid it overheating. 

There is no evidence the OP said they wanted a quiet laptop and I dont think I've ever come across a laptop thats so loud it can't be used as a laptop... sure some are a bit annoying and if you are sensitive then it may irk you more but something not being cutting edge quiet doesnt make it unfit for purpose.

Of cause if the fan wasnt there and it instead throttled the CPU we'd probably still have a complaint saying its not as quick as it should be. Macs used to be like this with the same CPU available in the Air and Pro model and the benchmark differences were predominately because the Air had no fan and throttled whereas the Pro had a fan so could push the CPU harder. 

Grumpy_chap

frosch411 said:

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).

This really has to be refunded in the same way the payment was made so that the retailer does not risk falling foul of money laundering rules.

screech_78

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 😊 

Eh? 

Did you buy the vouchers at a discount or something to then purchase the laptop from curry’s? As we get that a lot. Something goes wrong and people seem to lose their minds that we’ll refund them in the exact same way we paid. Bizarre. 

HonestJohn

frosch411 said:

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).

I can get 5%+ discount on Curry vouchers. If they refunded them in cash it would be a nice little earner 

the_lunatic_is_in_my_head

MyRealNameToo said:

You say Im wrong but then post a link that supports what I say... clause 1 talks about the consumer stating a purpose, basically covering off the end of the sentence quoted and the other is what the general use is which would broadly be that if they are advertising it as a HTPC then its as a HTPC, if they advertise it as a general laptop then its a general laptop. 

The point was that the purpose doesn't have to be stated by the retailer, it is instead a purposes for which goods of that kind are usually supplied regardless of what is said.  

That's not imply it helps the OP specifically. I don't think the noise has anything to do with purpose really. 

frosch411

Hi again all,
Thank you to everyone responding so swiftly.

Re: annoyance how refunds are issued: it's mostly an inconvenience which I was aware of at time, the seller made it very clear. The gift cards now just tie me to spending again at Curry's, but I don't know when I'll be spending a substantial amount with them again. The MO was made very clear at point of purchase of course so Curry's not at fault whatsoever.
And yes, I have a benefits scheme at work (savings 5% on gift cards).
The reasons outlined why seller refunds the same way also do make perfect sense of course. 

Re: fan noise and fit for purpose: thank you to the poster digging into the legislation/providing the links. This is helpful.
My experience with working with laptops has been sufficiently extensive to assume something is at fault with the machine, the fan is excessive for what the machine has done so far, and it was no only during W11 installation/updates. Also: I don't merely want to change my mind as I am in great need of a new machine, did my research, and had been very much looking forward to getting this as a decent bargain which ticked my needs for light use/work. The disappointment of it not performing is real, and the struggle to find a decent, affordable machine with the desired specs continues.

I'll get in touch with their CS (well AI bot, had tried late last night, then suggested a human but also said they busy so should call a phone number instead) regarding the reset (which makes sense).

Thank you also to the poster who had purchased an Acer recently and noticed a deregistering option, I'll try and find that too.

The machine is otherwise in pristine condition, and all original packaging also.

Thank you forumites 😊

frosch411

Another FYI on case other forum members ever need similar input: called Curry's and after a brief explanation of the case, the CS rep confirmed a factory reset and deregistration should be done.
I mentioned the reason for return (a fault), yet the agent stated the machine would be sold on.

Curiosity2017

frosch411 said:

Another FYI on case other forum members ever need similar input: called Curry's and after a brief explanation of the case, the CS rep confirmed a factory reset and deregistration should be done.
I mentioned the reason for return (a fault), yet the agent stated the machine would be sold on.

A loud fan isn't a fault. It's just a loud fan. The more expensive they are the quieter they will be, but with a budget laptop you're not going to get an expensive fan. 

Jumblebumble

Grumpy_chap said:

frosch411 said:

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).

This really has to be refunded in the same way the payment was made so that the retailer does not risk falling foul of money laundering rules.

Let alone that if they didnt it would be a good way of cashing in vouchers