Whats my Rights!!! Im fuming!

Robin_T_Cox

Don't be given the run-around. Contact Consumer Direct on 08454 04 05 06. They are the Office of Fair Trading's advice service, and will take whatever action is needed to help you sort the problem.

1jim

I would have thought that this is an unfair term and condition!
If there was no notice on the display in the shop and no one in the shop told you that the screen may have dead pixels and that even if there were 2 dead pixels you couldnt return the item then it would be reasonable for the average consumer to expect to receive a fully working item with a fully functioning screen. It seems unreasonable to have to open the box and read the full warranty information sheet to find this exlusion,,,then to have to switch on the item to find out if the fault is present or not and if it spoils your enjoyment of the product.

I would suggest contacting consumer direct (Consumer Direct is available on a single national telephone number - 08454 04 05 06 - from 0800 – 1830 Monday to Friday, and 0900 – 1300 Saturday, excluding bank holidays and public holidays. )web address http://www.consumerdirect.gov.uk/ and see what advice they offer

Smartypants_2

If all else fails, call Toshiba direct yourself. We bought a laptop (online) with a defective dvd drive. The online store were not very helpful so we called Toshiba direct and the lady we spoke to was really annoyed that we were being given the run around. However, before we got any further the store replaced the whole laptop free of charge so we didn't need to get our guns out. Good luck - hope you get this sorted.

Millionaire

Robin_T_Cox wrote: »

Don't be given the run-around. Contact Consumer Direct on 08454 04 05 06. They are the Office of Fair Trading's advice service, and will take whatever action is needed to help you sort the problem.

Thanks, I will give them a ring on Monday if I don't get what a think is a satisfactory resolution which is either an exchange or a credit note for it.

Thing is I wouldnt be bothered if they were in some corner, but they are right in a position where I would notice them every time I use the laptop.

John_Gray

When/if the laptop is returned to you as falling within the specifications for a class 2 screen (as admirably stated by Conor) try Googling for "remove dead pixels" or "fix dead pixels". There would appear to be two approaches: gentle pressure on the area where the dead pixels are located, and running a pixel exercising program. Unfortunately, neither is guaranteed to succeed. Best of luck!

hammy_the_hammer

firstly if you are going along the product is defective line you should either want a replacement or your money back ...not credit notes or gift cards.
secondly i doubt if this has been tested in the small claims court ....i would look at what you could have seen in Comets store and what you were told regarding dead pixels (i'd wager nothing)?
then go through the process of what you would do when you got home with the laptop ....read instructions (power up etc) ....does anything give you info that you as the consumer would notice before turning it on? how the hell are you meant to know anyway unless you get the screen up.
if dead pixels are to be expected does everyone have dead pixels on the screen?
if not why do you pay the same price as another customer?
the dead pixels would reduce the resale value of the computer
lastly would it be acceptable for Ford to put at the back of the paperwork that some minor cosmetic damage to your brand new Ford Mondeo may be part of the production process?
if it were me i would do some research and see if this has been tested in the small claims court.
edit surely when it is factory tested they must see the dead pixels ....who in their right mind would accept the laptop with "DEAD PIXELS but within iso9002 blah blah tolerances" written on it...probably why they don't do it

dekh

I really don't see any dead pixels as being allowable under the sale of goods act:

http://www.berr.gov.uk/consumers/fact-sheets/page38311.html
Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
Q1. What is an inherent fault?A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.
Q4. I know I can demand my money back within a "reasonable time" but how long is that?
The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account to be fair to all sides. The pair of everyday shoes may only have a few days before the period expires but a pair of skis, purchased in a Summer Sale, may be allowed a longer period by a court.

soooooo..........

It was faulted when purchased. The idea behind the dead pixels warranty, as far as I'm aware, is that should dead pixels appear during the course of use during the warranty period, no replacement is due until 4 pixels (or whatever) have died.

Also, 1 hour is within reasonable time for demanding your money back.

Just my tuppence worth

Millionaire

hammy_the_hammer wrote: »

Firstly if you are going along the product is defective line you should either want a replacement or your money back ...not credit notes or gift cards.

Hammy you make some good points espically the how dead pixels can affect resale value.

The only reason I was saying a credit note is that under Comet T & C's if item is opened then they only provide a credit note or charge 10% restock fee if i want Cash.

BritBrat

Make notes, keep a record of what you have done and who you contacted.

You never answerd my question:

Did you start it up to windows without any install procedure?

Millionaire

dekh wrote: »

Also, 1 hour is within reasonable time for demanding your money back.

Well when they refused to refund and didn't give me any options what to do I picked up the Reciept and read the T&C's of the receipt. Thats were I noticed the bit about returning Item within 7 days if opened.

I then mentioned this to the staff member dealing with me who then went and had a whispered conversation with a male member of staff.

She came back and told me that it didnt cover Laptops. I then pointed out it did so the male staff member listening in then told me that its not covered now as its used.:mad:

I told them I switched power on, noticed problem, turned it straight back off and came back here within the hour

The male staff members response "So its used then" then walking off.

2 separate members of the public standing behind both said to me they were gob smacked at the staff's attitudes and responses towards me.