Bad service from a retailer, what are my rights?

What chain is it? Give a clue

I work for the purple/blue/black shirted stores and if its faulty within that amount of time we would just swap it over.

Be polite when you go in and don't be a jerk to whoever you speak to, you wouldn't want someone shouting at you so don't dish it out.
 
The Halk said:
Passing you to the manufacturer is just a way to avoid dealing with you, many people try once then give up.
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I know small internet retailers tend to do this, am surprised that a big chain wouldn't have a better policy - then again I tend to shop online so am not too familiar with how the purple shirt lot operate.

My only tip is always use a credit card with things like these - if it goes really wrong... then you'll often have some recourse that way. Smaller retailers hate chargebacks/section 75 etc... and I'd be fairly sure local managers of large retailers do too.
 
Nitefly said:
By law you will be entitled to a repair, an exchange or a refund, but only the latter if either:

a) A replacement or repair is too burdensome on the seller, or

b) A replacement or repair causes you unreasonable inconvenience.

You will have a reasonable time to reject the goods for breach of condition (the goods were not of satisfactory quality - s.14(2)), but even if they allege you have accepted the goods (the condition is treated as a warranty and a breach of warranty does not allow you to repudiate a contract) you are still entitled to the same remedies (ss.48,48A,48B,48C,48D). Even if you are successful in alleging you have rejected the goods, you still cannot repudiate the contract until you have given them a reasonable time to repair or replace (s.48D(2)(a)).

In terms of practical advice, return with the goods and tell them you are rejecting them as they are not of satisfactory quality (less than a week does not seem wholly unreasonable especially when you have already spoken to them). If they resist by saying you have accepted the goods, assert they are not of satisfactory quality and you are entitled to demand a replacement or refund under ss.14(2),48B and 48C. They are still entitled to either attempt to repair or replace the goods before you can legally demand a refund, but it seems a replacement will be fine by you.

I hope this is helpful!
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Thank for the info! I should be all clued up for when I go down there.


quickshot89 said:
What chain is it? Give a clue

I work for the purple/blue/black shirted stores and if its faulty within that amount of time we would just swap it over.

Be polite when you go in and don't be a jerk to whoever you speak to, you wouldn't want someone shouting at you so don't dish it out.
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It's not the purple shirt crew. One of the other big ones, I don't think I can hint too much who they are. I'm not the type to be an ass about things. All I want is a faulty item swapping over which is a simple enough request. But if they won't do it then I'll have to point out the law as highlighted in this thread or take it up with someone higher.
 
Just to give the other side of the coin for a moment. When I was at Uni I worked for a big chain on the customer service desk and at the time I was doing my business law module.

I had a lot of fun shooting down the "I've just watched Watchdog and know my rights brigade" by naming the actual laws and sections (not that I can remember any of that now) that allowed me not to refund the 6 year old kettle they were trying to return.

It's unfortunate for the OP that he was denied his rights and I hope it gets sorted but for everyone of the OP, a customer service worker has to deal with 10 more people that try to claim they know the law but actually know bugger all and are just chancing it.
 
Zaphan58 said:
Long story short I bought a laptop in a big chain on Friday. Switched it on and half way through starting up it went off, black screen nothing. Switched it back on and it said Windows was corrupt. Then spent ages using the recovery dvds because the in built recovery system wouldn't work.

Contacted Fujitsu to tell them the trouble and explain their in built recovery system doesn't work. They said the recovery tools on the hidden hard drive partition must have gotten corrupt when it powered off and can't be fixed. But, as the hardware hasn't failed they won't do anything.

Told big chain I wanted to exchange it as there was a problem and they said no, it's policy not to unless Fujitsu give you a RMA code. I told them what Fujitsu said and the guy was just like "well, that's our policy".

Surely by law I'm entitled to either an exchange or refund right?
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I'm amazed at the retailer.

I'd of not left the store until I'd of got a replacement. That's despicable.

I'd try again but assert yourself properly this time, don't take no for an answer!
 
The Halk said:
Passing you to the manufacturer is just a way to avoid dealing with you, many people try once then give up.
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Even Overclockers do this ;)

In fact whenever i have had a problem with anything i have bought (not just from overclockers) i end playing manufacturer -> retailer tennis until one of them gives in.
 
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I'd find it hard to be polite and respectful to the retailer when they've plain and simple tried to rip him off.

I'd take the Liam Neeson approach. Look for them, find them, kill them and get ya daughter back.
 
The manufactuerer has nothing to do with anything. This early in the game you shouldn't even be on the phone to them.

Everything is directed at the retailer.

It's like buying a BMW , and the dealer telling you to call Germany HQ about the issue. It's a wtf situation!
 
I guess the issue here is it seems like a software fault rather than a hardware one (or at least Fujitsu claim) and you have less rights with software compared to tangible goods. When I worked for a big chain we had a strict no 'refunds' policy on software (unless it was still sealed) which isn't illegal because exceptions are made to prevent piracy (otherwise people could just buy software, install it then take it back and get a refund) but we did exchange faulty software (say a scratched installation disk) so I'm surprised the retailer didn't exchange.

The point I'm making is don't make the mistake of thinking consumer rights are the same for all products, they're not. For example, if you bought some pipe in a standard length you would be able to get a refund for fault but if you had it 'cut to size' you wouldn't.
 
Jono8 said:
Even Overclockers do this ;)
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You can choose to deal with OcUK or the manufacturer.

OcUK are quite happy to deal with the full period of the warranty if you wish.

Gibbo said:
Just to clarify another point as well, if your read our support page carefully which is linked to in the OP of this thread you will see we clearly state:-

1. After the product is 28 days old you can either RMA with ourselves or the manufacturer.

To clarify this means you can either RMA back to ourselves or the manufacturer, the choice is yours.

So for instance it makes sense to RMA back to us, if the manufacturer does not have for say instance a UK RMA support facility, for example Sapphire. So with Sapphire you'd RMA the product with OcUK in the 2yr period, we will honour the warranty for the full 2yr period, or in the case of Asus 3yr etc. As we understand some manufacturers are not so easy to deal with and here at OcUK we want to ensure you get truly the best service and support.

However in some circumstances the manufacturer can offer a better service and quicker turn around time, for example KFA2, Gigabyte, Hard drive manufacturers and EVGA are famous for top level customer service and RMA support with quick turn around times. With these manufacturers we'd recommend you deal with them, simply as they can support and turn the product around quicker giving better service. Though again of course if the customer wishes we will deal with the product ourselves for them. What I would insist though is with printers, laptops and monitors after 28 days it is very advisable to deal with the manufacturer because many of them are actually on-site warranties which are the best and obviously like all other Etailors OcUK does not offer on-site warranties.

So just to clarify, after 28 days the choice is yours, you can deal with the manufacturer or OcUK, we will be happy to assist and do the best we can to offer the best service and attempt to get ourselves regarded as the best online etailor when it comes to RMA service. :)

Please remember though warranties, don't cover an end-user physically damaging a product due to in proper installation etc. or wear and tear, or in some cases modification. For example EVGA are fine with heatsinks being removed from VGA cards, as long as no damage is caused and they are re-fitted correctly if the card needs to be RMA'd, wheras other manufacturers removing the cooler voids warranty.
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Don't know why the OP even tried to fix a new laptop after switching it on and seeing that Windows was corrupt. He bought a new laptop not a repair project. Who knows what else is wrong with it. Hope OP gets a refund though and buys something elsewhere.
 
norm said:
It's hardly faulty though is it. Download an official Windows 7 iso and install the OS.

http://www.mydigitallife.info/official-windows-7-sp1-iso-from-digital-river/

The original OS installation was probably filled with bloatware from Fujitsu anyhow.
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Having to replace a component part of something in order to make it work would be the very defenition of faulty. Besides, if the damn thing won't boot out of the box, who knows what faults it might have. I'd have rejected it without the slightest hesitation.
 
Zbornak said:
I'd find it hard to be polite and respectful to the retailer when they've plain and simple tried to rip him off.

I'd take the Liam Neeson approach. Look for them, find them, kill them and get ya daughter back.
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I don't know who you are. I don't know what you want. If you are looking for a court case, I can tell you I don't have money. But what I do have are a very particular set of skills; skills I have acquired over a very long time buying computers. Skills that make me a nightmare for people like you. If you give me a refund now, that'll be the end of it. I will not look for you, I will not pursue you. But if you don't, I will look for you, I will find you, and I will kill you.
 
Here is a more eloquent explanation of the software exemption I mentioned earlier....

Why isn't software covered under the Sale of Goods Act?

I bought a game, PB Winterbottom, and downloaded it from a games download service called Steam. The game has a bug.

I know there is a grey area of law regarding downloads and Steam refused to refund me.

This kind of situation leaves consumers in a powerless situation.

Richard Marks

This case was easily solved by the reader himself. He discovered there was no ‘bug' and all he had to do was update the software for his graphics card.

However, Mr Marks has a valid point that consumers are vulnerable when they have problems with software.

Consumer protection for software is limited. The law does not regard software as ‘tangible goods'. This means when you buy software the only protection offered under the Sale of Goods Act (SoG) is for the physical medium it is sold on.

So if the CD, DVD or other device on which the software is supplied is faulty, this, not the software, is not fit for purpose.

So the consumer is protected for the device but not the software. The protection offered by the Distance Selling Regulations (DSRs) is not much better.

Audio, video and PC software is not covered by this law if the seal on a CD or DVD is opened. And the SoG and DSRs do not cover downloads at all.

This hole in consumer rights is flagged up occasionally. In 2007 the European Commission published a document that raised the issue of whether the rights for tangible goods and services should be extended to software. But little progress has been made.

Even if the consumer had protection under UK law, Valve, the company that runs the Steam service is based in America.

Companies that trade directly with UK customers should abide by UK consumer law, but forcing them to do so is another matter. We asked Valve how it handles these complaints but the company declined repeated requests for comment.

Read more: http://www.computeractive.co.uk/ca/...oftware-covered-undere-sale-act#ixzz1v1Rc6js8
Software, gadgets, magazines and more in our webstore. Click here to see our latest offers.
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The large text is what Big Chain are claiming here....

So actually if OP goes into the store and starts banging on about the Sales Of Goods Act (as many have advised here) he may well come out a little red faced if the manager knows the law.

The problem the OP has is the fault is (being claimed) as a software issue and not a hardware one. The exemption in the SOG for sofware is probably being exploited by the big chain so it's not as clear cut as people have said.
 
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estebanrey said:
Here is a more eloquent explanation of the software exemption I mentioned earlier....



The large text is what Big Chain are claiming here....

So actually if OP goes into the store and starts banging on about the Sales Of Goods Act (as many have advised here) he may well come out a little red faced if the manager knows the law.

The problem the OP has is the fault is (being claimed) as a software issue and not a hardware one. The exemption in the SOG for sofware is probably being exploited by the big chain so it's not as clear cut as people have said.
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He has clearly had a data corruption issue, most likely caused by a hardware failure unless the retailer can prove otherwise.
 
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