Warn..PC World returns policy

Martine1081 wrote: »

On friday 13th March (last night) I attempted to return a lexmark printer bought from one of their stores on February 7th 2009. This was because since I took it out fo the box on 16th Feb it has become apparent it is suffering a number of physical (rather than software) faults.

It bangs on powering up and although it prints, it does not scan or photocopy - well it does and just prints out a sheet with a few noise dots on it!

They insisted as it was beyond 28days I had to contact lexmark myself so they could run a diagnostics over the phone. They gave me a phone number - no good to me as you had to ring between 9-5 the only time I would not be a home with a printer. I rejected this and insisted that they were the ones to take action as they had sold me a faulty product.

They repeatedly insisted I had to deal with Lexmark direct, when pressured with sales of goods act, they said they could deal with lexmark but it would take at least 3 weeks maybe 4 and I would have to do without the printer in the meantime.

I've heard that contacting the manufacturer yourself rather then the retailer in fact dimishes your consumer rights - is this true?

As an aside they tried to flog me their insurance for £19.99 saying if I bought it I could have an instant replacement! I only paid £54 for the printer cheeky swines!

I wish to email their customer service because they insisted I had to contact lexmark directly repeatedly. What shall I say?

Thei "28 days" are meaningless in law as that is their T&Cs and cannot not take away your statutory rights, in this case Sale of Goods Act, (SoGA).

They are, as you are aware, completely wrong to say that you have to deal with Lexmark, as your contract under SoGA is with PC World, not Lexmark, indeed Lexmark can just tell you to "go away".

From WHICH,

• Your claim is against the retailer who sold you a faulty item, not the manufacturer.
• If you want to reject something and get your money back, you must act quickly – normally within a few weeks."

Also see BERR, in particular Qs 3, 4 and 6.
See Q 11 as to inconvenience to the customer; - "remember any remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer. Remember that you could also seek damages instead."

Also see Q 13 re "burden of proof", the printer is obviously "not fit for purpose" nor is it "of merchantable quality".

I would insist on a replacement or refund, informing them if they don't then you will take the matter to the small claims court.

If it gets to that situation, you will need to send the details, by recorded delivery, to their head office giving them 7 days to respond or you will issue the SCC proceedings,highlight the "6 month rule" from the Which link above; -

"Six months...and counting

If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were fit for purpose – or 'as described' – when it sold them. It is also responsible for proving that the problem was caused by you (for example, because you had an accident with the item that damaged it). Beyond six months, it's up to you to prove that the problem was the retailer's."