Sale of Goods and PC World

[hotrod]

Hi all,

In April I purchased a Dell Inspiron 1010 from PC World, it has subsequently developed a hardware fault and will no longer charge.

I visited the store where I purchased it from to be told by the manager, "that product has a manufacturer's warranty and because it was purchased more than 28 days ago it's your (the customer's) responsibility to return it to Dell yourself and get it sorted." I phoned Dell to query this but the call centre is in India and closed until Monday.

I was under the impression that the contract in the first 12 months of purchase is in fact between PC World and myself and therefore they should either replace or refund me direct (or fix)? Are PC World trying to fob me off?

Any guidance/experience on the best way forward much appreciated

Thanks

 

[Deleted member 105431]

what do you expect from Dell? Cheap, nasty, junk!

 

[snico]

Yes they are trying to fob you off

When you bought the laptop, you made a contract with the seller and not the manufacterer.

The sales of goods act refers to the seller and not the manufacturer.


http://www.berr.gov.uk/whatwedo/con...rightsfor30orsomeotherfiguredaysafterpurchase

This will tell you everything you need to know, i'm suprised a large retailer like PC World have managers running the show who do not have a clue about consumers rights[/quote]

 

[wotan]

what do you expect from Dell? Cheap, nasty, junk!

The op's gripe is with PC World, not the quality of the item, be it dubious or otherwise.
The retailer has certain obligations, 28 days, and the product fails, then I think the store should, either replace or refund.

Wotan

 

[Bahco]

Your contract is with the seller i.e. PC World. Suggest you speak to their manager and contact head office if you need too.

Remind them of The Sales of Goods Act 1979 of which they should have been trained in before being let loose on the general public.

Don't be fobbed off and speak to Consumer Direct too for more amunition.

 

[holmslaw]

i'm suprised a large retailer like PC World have managers running the show who do not have a clue about consumers rights

I'm not surprised, the managers are trained by PC world to tell customers this bull****.

Also if you paid for the goods with a credit card, the cc company also have a liability to you.

 

[gcol]

Bought a Sony PSP back in March. Early this week it stopped connecting to my wireless router. Took it back to currys and all they did was ring the Sony helpline. After me stressing that it was a fault with the PSP and not my home router he arranged to have a replacement sent out in exchange for the duff one. Came 2 days later. Currys didn't want to know about replacing it in store.

 

[kirkgas]

the shop must attand to your complaint, although you cannot demand a refund or replacement, they must be given an opportunity to repair it, if unsuccessful at repairing it you can then ask for a refund or replacement

 

[dave.m]

PC World (the sniffy shop) are responsible for replacement or repair of the product upto six years after purchase:

http://tinyurl.com/ohxdd9

Print the page I linked to and go along on a busy Saturday afternoon when the shop will be busy.
Ask to speak to the manager about your computer problem and then, in a very loud voice, explain to him that he does not know or chooses to ignore the Sale of Goods Act and as such you will explain in words of one syllable to him what he has to do.

Done it once at Blackpool and it is surprising how they suddenly remember the law and take you onto one side. It got my computer bits repaired.

dave

Incidentally, they are called 'the sniffy shop' because if you go in and get pestered by a spotty faced sales assistant(?) and ask for a specific item, they usually scratch their ar5e and then sniffle their nose and say "If it isn't on the shelf, we have none".

 

[^woody^]

I was under the impression that the contract in the first 12 months of purchase is in fact between PC World and myself and therefore they should either replace or refund me direct (or fix)

No, your contract is with PC World for up to six years. It depends on the item and its initial cost, but for a laptop its at least 2-3 years. The key is that the item must last a "reasonable" time, and reasonable time will vary depending on the item

Initial 28 days - a refund, repair or replacement. The first six months and it's a repair or replacement. However after six months the onus is on you (the original purchaser) to prove that that fault existed in the first six months.

The above time limits were bought in as a result of The Sale and Supply of Goods to Consumers Regulations of 2002, which you could quote to PC World. This Act is in addition to the original SOGA 1979 which you should also quote

Also remember that none of this legislation applies to business purchases, and you have additional rights if the goods were bought on credit or store cards

Also complain to the consumer protection unit at the council which covers the shop

 

[hotrod]

http://tinyurl.com/ohxdd9

Print the page I linked to and go along on a busy Saturday afternoon when the shop will be busy.
Ask to speak to the manager about your computer problem and then, in a very loud voice, explain to him that he does not know or chooses to ignore the Sale of Goods Act and as such you will explain in words of one syllable to him what he has to do.

Done it once at Blackpool and it is surprising how they suddenly remember the law and take you onto one side. It got my computer bits repaired.

Thanks guys for all your input. It would seem like I have a case! Dave, the store I went to was the PC World at Blackpool on Squires Gate!! I asked for the manager as I had been waiting 45 minutes and a young girl appeared. I mentioned the Sale of Goods Act and she just said, "It doesn't matter, you have to send it back to Dell, look at what it says on my screen." She then printed this off, underlined the warranty details and gave it to me :-



Lying barstewards!

 

[dave.m]

Take it back and DEMAND to see the Manager, it is your right.
Get his name whether you see him or not and inform anyone who gives you that cr4p about phoning Dell that it is NOT up to you to chase the manufacturer but up to them to decide whether to repair or replace it.

You can also print this off if you are going to the Blackpool branch:

http://tinyurl.com/mg8es7

And this is who to see if you get no joy at PCW

http://www.blackpool.gov.uk/Services/S-Z/TradingStandardsConsumerAdvice/

 

[mattylad]

Print the SOGA off and give that to her.

While it may end up going to Dell, the onus is on PCW to send it there NOT you.

But then the SOGA does no aply to PCW, they are beyond stuff like that

get back there & insist on your rights, if they do not accept it advise that your next step will be trading standards AND DO GO TO THEM!

 

[snico]

What she printed off for you just states the manufacturers warranty, nothing else.

The contract is between you and PC World..........nothing to do with Dell what so ever

 

[D_Hailsham]

In April I purchased a Dell Inspiron 1010 from PC World, it has subsequently developed a hardware fault and will no longer charge.

When anyone buys anything from a retailer they are entering into a contract, which is covered by the Sale of Goods Act. This requires that the goods have to be: as described; fit for their purpose; of satisfactory quality. If the goods do not meet these criteria the seller is in breach of contract.

Under the Act, if a product develops a fault within six months of purchase, it is automatically assumed that the fault was present at time of purchase, unless the seller can prove otherwise. The seller has to either repair or replace the faulty item.

If the goods need to go back to the manufacturer it is the seller's responsibility. Any manufacturer's guarantee can give you additional or better rights but it cannot remove you legal rights.

If you bought the goods using a credit card, get in touch with the CC company and tell them the trouble you are having. They have joint liability under the Consumer Credit Act 1974 Section 75.