Bad service from a retailer, what are my rights?

[Itchytrigg]

On the basis the laptop was sold as a windows laptop, little windows stickers all over it like they are, then it is not unreasonable to expect windows to be on there in a functioning fashion. Anything less is a fault or misrepresentation of the goods in my opinion, again interpretation.

If I purchased a random mp3 player and the firmware was corrupted meaning it would not play music without me installing a patch, would I fall foul of unscrupulous retailers claiming its a software fault and "tough"?

 

[estebanrey]

If I purchased a random mp3 player and the firmware was corrupted meaning it would not play music without me installing a patch, would I fall foul of unscrupulous retailers claiming its a software fault and "tough"?

Again this isn't a fair comparison because that would be software specific to that device. Windows is a general product that can be installed on any computer and any computer doesn't have to use Windows for it to 'function'.

 

[Jokester]

Again this isn't a fair comparison because that would be software specific to that device. Windows is a general product that can be installed on any computer and any computer doesn't have to use Windows for it to 'function'.

That's irrelevant, he's paid money for a laptop supplied with Windows installed. It's neither here nor there that the laptop could run anyother OS on it.

 

[Nitefly]

estebanrey I think you are taking a few sound ideas and are unintentionally running in the wrong direction with them. As aforementioned, the laptop was sold not fit for purpose - that really is all there is to it. I fail to see how the what the OP decides can be construed not to fall foul of s.14(2), it's borderline wacky to suggest otherwise I'm afraid.

 

[[TW]Fox]

As aforementioned, the laptop was sold not fit for purpose

No it wasn't - people often get this bit confused. Fitness for purpose is not about faults. Fitness for purpose is about, for example, you coming and asking me if I have a wheelbarrow suitable for shifting gravel. I sell you one and it falls to bits because it isn't strong enough for gravel. This would be a product not 'Fit for Purpose' under SOGA.

I beleive a faulty laptop would be not of 'Merchantable Quality'.

 

[estebanrey]

estebanrey I think you are taking a few sound ideas and are unintentionally running in the wrong direction with them. As aforementioned, the laptop was sold not fit for purpose - that really is all there is to it. I fail to see how the what the OP decides can be construed not to fall foul of s.14(2), it's borderline wacky to suggest otherwise I'm afraid.

But s.14(2) is irrelevant to software. You can't keep quoting what SOGA says if SOGA doesn't cover this case.

 

[[TW]Fox]

Again this isn't a fair comparison because that would be software specific to that device. Windows is a general product that can be installed on any computer and any computer doesn't have to use Windows for it to 'function'.

The OEM licensed version of Windows supplied with most laptops is not a generic product which can be installed in any computer. Infact the terms of the license specifically forbid this. Again, not that this is in anyway relevant.

The computer does not 'function' in a way that a consumer would be happy without an operating system. Windows is sold as PART OF THE PRODUCT, not seperately to the product.

A motherboard, a plastic case, a screen, a keyboard, a CPU, some memory and an operating system are packaged together in order to produce a product which is then sold. It's not a bunch of seperate bits purchased seperately. It is one homogenous product.

 

[estebanrey]

No it wasn't - people often get this bit confused. Fitness for purpose is not about faults. Fitness for purpose is about, for example, you coming and asking me if I have a wheelbarrow suitable for shifting gravel. I sell you one and it falls to bits because it isn't strong enough for gravel. This would be a product not 'Fit for Purpose' under SOGA.

I beleive a faulty laptop would be not of 'Merchantable Quality'.

This is correct

 

[estebanrey]

The OEM licensed version of Windows supplied with most laptops is not a generic product which can be installed in any computer.

It can be installed on any computer. It can only be installed once, but you can install it once on any computer.

 

[[TW]Fox]

It can be installed on any computer. It can only be installed once, but you can install it once on any computer.

It is already preinstalled on the computer you have purchased. You cannot reinstall it on another machine if you wish. But even if you could, this simply isn't relevant to the OP's case.

He purchased a product. The selection of parts which went into making this product before it was sold is not relevent to the consumer. The product does not function in the advertised manner due to a fault - whether that fault is a configuration issue that can be fixed, or a hardware issue they cannot, or what, is not the customers problem. The product does not function correctly, therefore the retailer must rectify this as is the customers right. This does not neccesarily mean they must refund the customer - if they can repair the product, which they almost certainly can, then they are able to do so.

The only point at which this wouldn't be the case would be if the OP himself had broken, damaged or otherwise caused the fault through mis-use.

 

[Nitefly]

No it wasn't - people often get this bit confused. Fitness for purpose is not about faults. Fitness for purpose is about, for example, you coming and asking me if I have a wheelbarrow suitable for shifting gravel. I sell you one and it falls to bits because it isn't strong enough for gravel. This would be a product not 'Fit for Purpose' under SOGA.

I beleive a faulty laptop would be not of 'Merchantable Quality'.

No, you have been wrong about this before and this time I'm laying the smackdown

You are referring to s.14(3) - which is fitness for a specific purpose.

s.14(2) refers to a general purpose of the product. If the wheelbarrow in your example was not suitable as general use for a wheelbarrow, then it would fall foul of s.14(2). See s.14(2B)(a).

s.14(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

Sorry, but you are just flat out wrong on this.

 

[[TW]Fox]

I'm pretty sure I'm not? It's not about faulty products its about improperly designed products or products that are flat out just not right for that application.

If the wheelbarrow was so badly designed you could fit only a single brick in it, it would not be fit for the purpose the goods are commonly supplied for. It's not faulty, it isn't broken, but it's unfit for purpose. Not being suitable for general use as a wheelbarrow and being broken are not the same thing.

If the wheel fell off, then its not 'unfit for purpose' its simply broken, or 'not of merchantable quality'

Fitness for purpose isn't about faults. It's about **** design or bad/improper advice as to the correct product by a seller.

 

[estebanrey]

It is already preinstalled on the computer you have purchased. You cannot reinstall it on another machine if you wish. But even if you could, this simply isn't relevant to the OP's case.

Nor is it relevant to original point that was made.

He purchased a product. The selection of parts which went into making this product before it was sold is not relevent to the consumer. The product does not function in the advertised manner due to a fault - whether that fault is a configuration issue that can be fixed, or a hardware issue they cannot, or what, is not the customers problem.

No but the cause of the fault is relevant. If the cause is due to faulty equipment then sure but if the fault occurred because the OP did something whilst the installation was happening then he has no protection.

The only point at which this wouldn't be the case would be if the OP himself had broken, damaged or otherwise caused the fault through mis-use.

But again unless we know what he told the store, we don't know how it came across to them. He may have explained it in a way that sounded like something he did caused the problem.

 

[Nitefly]

I'm pretty sure I'm not? It's not about faulty products its about improperly designed products or products that are flat out just not right for that application.

If the wheelbarrow was so badly designed you could fit only a single brick in it, it would not be fit for the purpose the goods are commonly supplied for. It's not faulty, it isn't broken, but it's unfit for purpose. Not being suitable for general use as a wheelbarrow and being broken are not the same thing.

If the wheel fell off, then its not 'unfit for purpose' its simply broken, or 'not of merchantable quality'

Fitness for purpose isn't about faults. It's about **** design or bad/improper advice as to the correct product by a seller.

If a product develops a fault over time or doesn't work to begin with (the wheel on your wheelbarrow doesn't turn round), you really are going to be using s.14(2) (unless it's obviously easier to use s.13(1) - goods not as described).

I've been rewriting this very sentence for about ten minutes so not to come across as a dick but... yeah... I'm betting all my legal qualifications on this one. That's before I dragged out my box of books. See, impossible not to sound like a dick!

 

[The Halk]

What legal qualifications do you have? (Just asking!)

 

[Woogie]

Not read the rest of this but

http://www.direct.gov.uk/en/Governm...182935?CID=GCR&PLA=url_mon&CRE=consumer_goods

When you buy an item from a trader (eg a shop or online shop) the law says the item must be:
of satisfactory quality – last for the time you would expect it to and be free of any defects
fit for purpose – fit for the use described and any specific use you made clear to the trader
as described – match the description on packaging or what the trader told you
If an item doesn’t meet any of these rights, it is faulty and you will usually have the right to a:
repair
replacement
refund
These rights apply to most items you buy from a shop, including sale items. You may have additional rights to these if you have a warranty (see link below).
If the trader makes a fault known to you and you buy the item, you can’t return it unless you discover a different fault.

even if they refuse to accept it under the fit for purpose part you can always tell them it is not of satisfactory quality as it clearly has not lasted the amount of time you expect and is also not free from defects.

and if they refuse to replace it, Did you pay by credit card/Debit Card?

If you pay for something using a credit agreement, credit card or Visa or Maestro debit card, you may have additional rights if:
there’s a fault with the item or service
the trader has gone out of business
If you paid for something costing between £100 and £30,000 using a credit card or credit agreement, you can make a claim from your finance company.
If you’ve paid using Visa, Mastercard or Maestro, you may be able to claim your money back through their ‘chargeback’ scheme. You will need to contact the card company to make a claim.