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Our brand new Laptop was knackered!

She bought me a kindle for crimbo in Tesco and it proceeded to **** right up one day... It charges but doesn't turn on, not very good when you need to read the screen. Took it back to Tesco with receipt and they basically told me I had to ring Amazon and get a code to get a replacement.

I rang Amazon from the store and couldn't understand the **** on the other end, but basically got the jist that they wanted me to return it to them to have it fixed...

Whats my rights on this? I believe under consumer rights laws, that I'm entitled to have a replacement?

You bought if from Tesco's, your contract is with Tesco. You paid, they supplied. Don't be fobbed off. Stand there and be a complete PITA if you have to; polite but very very firm. It is nothing to do with Amazon at all.

You are legally entitled to a full refund, an exchange for a brand new (note; new, not 'used', 'refurbished', 'returned unused' or any other rubbish that makes it second hand), or a repair. If you have incurred significant costs in returning it, ask for them to be reimbursed, too.

And that is how simple it is.
 
If you bought it from Tesco they are responsible as the seller under SOGA. If you paid by credit card you could have requested cash-back as it would be under the cards insurance.

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Pay for £100+ goods on a credit card and the card company's jointly liable with the retailer if something goes wrong. This gives you extra legal rights, see the Section75 guide. Though only do this, if you can clear the card in full next month to avoid interest.
 
Well I'm off to work and will march upto Tesco first thing in the morning a ratty bastard after no sleep...... Armed with the knowledge of ARRSE at my disposal..

Cheers.
 
Some company's don't accept third party claims, you are required to make a claim direct, For example Apple. The fact that Kindle is an Amazon own brand may be the reason that you where asked to go through them.

To the op, Most reputable company's would go out of there way to help out a paying customer because word of mouth can do a lot of damage to there reputation. If it happens again stand your ground be firm but polite and don't leave the building until you have your answer.

If it is prolonged they will be shitting themselves in the back office and eventually cave in or compromise, Under European law you have a 2 year warranty on most electronics and white goods regardless of what the company policy is.
 
TinyLewis is bang on there, B_A_P. Also, NEVER buy anything electrical from Tesco in Northern Ireland. A friend of mine works in the Carrickfergus store, and she told me that. It's her theory that there must be some sort of local management policy in place to make it as much hassle as possible to return electrical items, thus discouraging it. My own experience seems to bear that out. Nearly an hour to get a refund on a dead mobile phone that I had got from them that same day.
 

theoriginalphantom

MIA
Book Reviewer
A mate of mine bought a laptop from PC ****, it developed a problem less than month before the warranty ran out.

They put it on the shelf in the geek department, when she went back to check on it a while later they said 'it's out of warranty now, here is your broken laptop, bye'
 

seaweed

LE
Book Reviewer
RIP
1. Anything sold at retail must be of merchantable quality and fit for purpose. If it isn't you are entitled to your money back from the seller (i.e. the company that actually took your money). At least one Currys manager knows this after a tutorial from me in the middle of his shop.

2. In case of haggle, do NOT crawl up the ladder from one minion to another as they will always back each other up. Go to CEO e-mail addresses - CEO email address - chief executive officer - managing director list - UK - US - Asia - customer services - customer care to find out who the CEO is and complain to him. His PA will send the next level down a memo 'from the office of the CEO' asking what is all this about? The recipient will then do the same to the next manager down and so on until your store manager (prefereably named in your missive to the CEO) realises he is in the poo with his entire management chain/CoC. This, for you, will be enormously emotionally satisfying. Also, there is now the chance that the clown who has fobbed you off will wish to be able to report back that you are now satisfied, so he will give the refund you were entitled to in the first place.
 

elovabloke

ADC
Moderator
Stop mucking about SOGA no worries the responsability lies with the shop and not the laptop company at this stage. March in and demand to see the manager and inform him/her/it that the product is not fit for purpose and you want your money back now. Also report store to trading standards for not complying to the law after informing the manager of your intentions.

End of.
 

elovabloke

ADC
Moderator
A mate of mine bought a laptop from PC ****, it developed a problem less than month before the warranty ran out.

They put it on the shelf in the geek department, when she went back to check on it a while later they said 'it's out of warranty now, here is your broken laptop, bye'


Not fit for purpose - there are a whole host of site's out there with template complaints letters and advice on contacting trading standards. Warranty has little to do with it.
 
Oh the company that could be going bust!

Get it back & tell Comet by letter if it's not fixed in xx days you will take them to the small claims court to recover your money & costs. Local paper may be worth a punt too!
Fujitsu are ok, but i prefer Toshiba these days.

I've just returned a Toshiba laptop and the replacement has the same issue - rang the Toshiba helpdesk and it was sorted in 5 minutes.

I'd recommend this company Cheap Laptops, Computers and Cheap LCD TVs | Ebuyer.com very good deals and good customer service.

Always insist on your statutory rights under the SOGA, but threatening legal action is a little questionable - you will have to represent yourself or hire a lawyer and even then the myth of an open and shut case is just that, a myth. I find it best to ask to speak to the companies in house counsel ( lawyer) so you can have an initial discussion on the matter. Most companies don't have in house lawyers and that means they will have to pay for one, at hundreds of pounds per hour. Most reasonable managers are able to work out that it is simply not cost effective to fight a case that they may lose or hire a lawyer to tell them that. Any reasonable lawyer will advise you and them to resolve the matter between yourselves.

There is always someone in the company that can say yes ....... you just need to find that person.
 
It need not be expensive, you can always go to the small claims court. If you do, cite the individual, not the company.
 

elovabloke

ADC
Moderator
Agree with Hootch - don't bother with lawyers. You are entitled to your money back and the store manager or someone higher up the food chain will know that.
 

seaweed

LE
Book Reviewer
RIP
in general in life, never threaten. Just DO.
 

theoriginalphantom

MIA
Book Reviewer
Not fit for purpose - there are a whole host of site's out there with template complaints letters and advice on contacting trading standards. Warranty has little to do with it.

I'd have pushed for some action from the shop, however I was roughly 4000 miles away at the time.
I now take every opportunity to recommend people shop elsewhere, for example novatech.
 
From my exp (18 yrs in the industry) this is not a software problem, it is most likely a dead hard drive. The people at the shop were put through to a help centre in Mumbai or Kuala who are basically muppets especially if female so you will not get any joy there. I don't know which company supports Fujitsu currently but be very careful of those that work for the high street chains, these I KNOW to be absolutley toss and would be just as at home flipping Burger Kings. If you want to PM me the model and fault description I will speak to one of my Tekkos on Tuesday. Either way you have consumer rights and the branch should in theory repair or replace in the 1st 12 months of purchase, however if the 1st 30 days have elapsed without return then its anybody's guess what they will try to palm you off with, especially a far off call centre that will make you so severely pissed off that you will throw it out the window and claim on your house contents insurance. Believe me , I've seen all of the above happen.
 

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