Whats my Rights!!! Im fuming!

richt71

Millionaire wrote: »

Hi, people

following my thread here:

http://forums.moneysavingexpert.com/showthread.html?t=797495

I went out and brought a Toshiba L40-18Z from Comet as the home premium upgrade was costing around the same.

Anyway got home, turned it on and it had 2 dead pixels on it. in different places

So took it straight back within the hour and they refused to exchange it saying its not covered by manufacturer warranty. one of the staff shrugged his shoulders and told me I should of taken out the extended warranty!!!

I asked for a refund and they refused as it was opened, so I asked if they could give me Gift card for the amount but one of the arrogant guys told me it was used as I turned it on, so no gift card voucher credit?

Whats my rights on this because Im furious at how they couldnt careless!

I used to work for a PC manufacturer and all our laptop's were sold with upto 5 pixels being dead. Not sure of the law on this just that was our policy.

superscaper

richt71 wrote: »

I used to work for a PC manufacturer and all our laptop's were sold with upto 5 pixels being dead. Not sure of the law on this just that was our policy.

Which is why millionaire should pursue it under the sale of goods act which has got nothing to do with the manufacturer.

Millionaire

Tom_Jones wrote: »

How did you pay for the item ?

If you paid by CC put the matter into dispute with you CC company, write a letter to Comet (both local shop and head office ) stating the reasons and ask them to exchange/refund the item. And NEVER deal with Comet again

Unfortunalty I paid via Cash. All the time at the back of mind I was mulling over that I should really pay by Credit card but in my haste I paid Cash:rolleyes:

However the story is that I originally ordered a Dell 1525 Laptop and paid via Credit Card. When I got my confirmation and Order status details it said that it was going to take 5 weeks for my order:eek:. So I rang up and canceled after doing research on what other laptops were available.

Now the only problem was that Dell had taken the payment on the Day I canceled thus they would have to refund my card which would take them at least 3 working days but really 5 days minimum due to the weekend.

This left me with not enough money on the credit card to make another laptop purchase.

So my only options was to wait for the Dell payment to re-credit or transfer Cash across to my credit card which would take 3 working days as well + the weekend.

Which would take me to Tuesday next week and then I would order online, but there was a 5-7 days delivery time. meaning i would have to wait coming up to between 9-12 days before receiving the laptop and 2 weeks if it hit a another weekend.

So in my haste as I really wanted to have the laptop as soon as possible to use I spotted it at Comet online for collection at store, available in stock (could of got it £15 cheaper online at Currys) So went and picked it up and paid via cash

Serves me right!:o

Millionaire

Little_John wrote: »

Now what I would do is return it to an alternative store and start bending the truth. Inform them you bought it as a gift and switched it on to test it and allow it to boot in to windows so you knew it wasnt faulty when it was received by the birthday girl. also makeing it that they could use it out of the box. then inform them that they were bought another laptop by their parents and the laptop is higher spec so they don't really need a 2nd laptop.

As your effectivley changeing your mind they may say no, but are more likley to say yes to that problem than the problem that really in law isnt deffined as a problem.

The Laptop is now in there possession when I took it back as they say they will speak to Toshiba about it who wont let them know until Monday.

In hindsight I should have smiled, took the laptop, and returned it to another store with a made up story similar to what you have said.

However I was so gobsmacked by the staff's attitude that I wasn't thinking straight.

If they say no, Will they have a record on their system on another store that its been in?

They gave me a repair job card, saying they have kept the laptop till toshiba get back to them.

Would this get picked up at another store if I try to return it?

dekh

Conor wrote: »

What law have they flouted? Under the ISO standards I posted, the dead pixels are within the amount allowed.

So come on then, if it conforms to the applicable ISO standard, what laws are they breaking and what grounds are you going to make a claim on?

ISO standards have nothing to do with English law.

It was sold with an inherent defect at time of sale which the purchaser was not made aware of.

Also whether the screen was perfect or not, under the Sale of Goods act the purchase can still return an item for a full refund within a reasonable length of time - 1 hour certainly falls into this category.

I wandered into comet the 2 weeks ago looking at TVs I fancy a 26" LCD.

Assistant "Can I help you?"

Me "Hi I'm looking to buy a 100hz 26" LCD"

Assistant "No one makes 100Hz LCD TVs."

I wandered back out shaking my head.

This is the one I fancy : http://www.panasonic.co.uk/lcd-tv/tx-26lxd70/index.htm bit pricey at the moment though, I think I'll wait for a good price at Asda then try for a price match and free extended warranty at House of Frasier. :cool:

Won't be going to Comet that's for sure.

Millionaire

superscaper wrote: »

Which is why millionaire should pursue it under the sale of goods act which has got nothing to do with the manufacturer.

I will be getting on to them for advise if they refuse to either exchange/refund/credit note for the product.

Since its in their possession, can I refuse to take it back?

Millionaire

b33r wrote: »

Away from the topic of actually getting a refund which btw IMO you have no legal right to but morally you certainly do. It's what you get for shopping somewhere like comet, currys etc.

Anyway were the pixels dead (i.e. black) or stuck (red, white etc.) because if they were stuck there's a chance they can become un stuck. Have a look at this. I had 2 white ones for about 6 months before someone told me about it and it fixed them both.

The pixels are both Black.

I wouldn't have minded if they were in a corner somewhere but they are in a position where i would be staring at them all the time.

Due to the resolution being average 1280X800 they look quite big. They look like a full stop/comma and stick out like a sore thumb.

superscaper

Millionaire wrote: »

I will be getting on to them for advise if they refuse to either exchange/refund/credit note for the product.

Since its in their possession, can I refuse to take it back?

Difficult one and I'm not sure which is why I think it's best asking either consumer direct about that or CAB. They can't exactly force you to take it. In a way if you're demanding a refund it kind of makes it easier for them to now owe you either the money or laptop rather than you having to force them to take the laptop back. So you're kind of already a step ahead in the process of getting a refund. If that makes sense?

Millionaire

superscaper wrote: »

In a way if you're demanding a refund it kind of makes it easier for them to now owe you either the money or laptop rather than you having to force them to take the laptop back. So you're kind of already a step ahead in the process of getting a refund. If that makes sense?

Yes it does;)

hammy_the_hammer

Millionaire wrote: »

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.

this would not apply to faulty goods as per the sale of goods act.