Best course of action to get a pre-built PC with issues sorted?

I checked with him it's been doing it since day 1, windows was pre installed.

I'll check the warranty wording in a bit.
 
In that case I'd say it's their issue. If you sell a computer ready to go, it should be just that. It'll be a driver issue, but that's not your problem or your brother's tbh. Should be an easy enough fix, but the point being it shouldn't have to be.
 
He upgraded to the next level of warranty that includes collect & return for up to 1 year, otherwise as below:

WARRANTY INFORMATION:

We are very proud of the quality and workmanship that goes into building our ********* Systems and are thus able to offer a 4 year standard warranty broken down as follows:

  • 2 Month Collect & Returns
  • 1 Year Parts Warranty
  • 4 Years Labour Warranty
Warranty Exclusions

  • Accidental Damage
  • Neglect, damage or wear and tear caused by the customer or others
  • Remedy of Viruses
  • Data Recovery, backing up of data etc
  • Work carried out by a third party
  • Remedy of Software that is not Officially Licensed
EDIT:

Further waranty information under T&C's:

  1. Warranty
    1. All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
    2. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
    3. If the goods supplied to you are damaged or any item missing/incomplete on delivery, you must notify the Supplier within a maximum of 48 hours from the purchase date.
    4. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier as soon as possible, but in any event within a maximum of 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
    5. If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to a full refund, if this is within 28 days. After this time a replacement product or credit note (to the value of the replacement) will be offered only.
    6. Items purchased from the Bargain Basement or Open Box section(s), or sold at a special price as (EOL) end of line or for other reasons that prevent them from being sold as new are sold with a 60 day warranty only from date of purchase. All items may be OEM, refurbished, second user, discontinued stock, Manufacturer repaired, or a brand new replacement product direct from the Manufacturer. They may come retail boxed (the item may have outer packaging that shows signs of damage) or white boxed, and may or may not come with drivers, manuals, cables and accessories. All items are tested prior to sale.
    7. Any items which are returned under the warranty and are found to be in a working condition will be charged a testing fee of £10 or 10% of the value of the goods, whichever is the greater.
 
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So he has took 4 weeks to finally think he should report it? Are you kidding me?

This problem should have been acknowledged on day 2 and ready for a return.

It’s going to be their word against his now and the first thing I suggest gets done is a quick 1 hour restore then connect to internet to update it to see if the problem arises.

If it’s still an issue then you can explain to them it’s been restored but the issue still persists.

From you making this thread the system could have been restored about 24 times by now.

This is the important part. I don’t think you will get a return now;

  1. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier as soon as possible, but in any event within a maximum of 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
 
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So according to consumer rights, if the OP discovered a fault within the first six months of purchase, it's presumed to have been there from the beginning, and the onus is on the retailer to prove otherwise. Therefore the OP has the right, to send the computer back to the retailer for a full repair, free of charge. If they can't fix it, the OP is entitled to a full refund, or he can keep it and request some money back, (a discount)

Essentially, if the item developed a fault in the first six months, the law is on the side of the consumer and the retailer should fix it, unless the retailer can prove otherwise.

If the OP is telling the truth and hasn't caused this issue, he should quote the consumer rights back at the retailer, if they don't respond or agree to look at it, threaten to raise the case with the consumer ombudsman. This will probably work, and there's a chance the retailer will cave in the moment the ombudsman is mentioned, but you should make sure you've given them every chance to resolve it before escalating it.

The PC is constantly crashing, sometimes blue screening, sometimes just out of games, but its really regular, something isnt right, and IMO it shouldnt be up to him to try and diagnose it, the whole point in buying a pre-build PC right?

This is true, however we're all PC experts in here, (in one way or another) and it could be something really simple, because you paid money from a retailer to build this, you do have the right to send it back if it breaks within the first six months. However - there could be far less aggro overall, in solving the problem if you maybe ask around in here, because it could be something silly..

(Case in point, I thought my new GFX was messed up, because it was crashing constantly, turned out deleting the directx shader cache immediately fixed all the issues :) )
 
So according to consumer rights, if the OP discovered a fault within the first six months of purchase, it's presumed to have been there from the beginning, and the onus is on the retailer to prove otherwise.

Which, if it turns out that the issue is something the brother did, the retailer should be able to do easily by restoring the system to its original state, at which point the brother will be potentially facing a £200+ bill (depending on the cost of the system) for something which they could easily fix themselves by following advice from a friendly and helpful community of PC enthusiasts. Now if only I knew where to find one of those? :p

I realise my posts in this thread are coming across as pretty negative and standing up for the retailer, but that's not my intention; more to save the wasted time and potential expense of returning the system, only for them to turn round and say its user error
 
only for them to turn round and say its user error

and over the years how many times have you encountered that? I know out of my 20+ years experience every time I have dealt with something like this I would say 80% of it was the case. I recently had a dead motherboard aka DOA and I had to do the testing first before sending it back and I had to agree that if it wasn't faulty I would have had to pay a restock fee and take a hit on the product!

I spent 5 hours testing it fully before returning it but it was acknowledged that it was a DOA and a replacement product was shipped out to me.
 
I realise my posts in this thread are coming across as pretty negative and standing up for the retailer, but that's not my intention; more to save the wasted time and potential expense of returning the system, only for them to turn round and say its user error

Trouble is, not everybody wants or cares about fixing PC issues, perhaps this is the reason why the OP's brother bought it. Perhaps he just wanted to buy a fast PC to play games on, however it's blue-screening it's head off, and he shouldn't have to spend his own time fixing it - because he paid someone to build it and install the software for him, in paying money for that service, it should work properly.

I don't disagree with what you're saying, but I think - provided the OP is telling the truth, and hasn't tried to secretly overclock the hell out of it, he has rights he's entitled too, and shouldn't be fobbed off by a retailer.

(if it was me, I'd fix it myself, but I've been building PCs since I was 16, so I'm a lot more confident than most, not everybody has the time / wants to do this, they'd rather just pay money for a pre-built system, that should just work)
 
This is the important part. I don’t think you will get a return now;
1. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier as soon as possible, but in any event within a maximum of 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.

They can't use their own terms and conditions to remove standard consumer rights. He has the right to return faulty goods regardless of when he notified the supplier of the fault.
 
No, because not all terms and conditions attempt to remove standard rights. Most dont - that's why we have them.

so really all businesses should be telling people to refer to the consumer rights act then instead of making up their own?

consumer rights act 2016



If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.

During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.

If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund, or price reduction if you wish to keep the product.

The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement.

The only exception to this rule is motor vehicles, where the retailer may make a reasonable reduction for the use you've already had of the vehicle after the first 30 days.

If you'd prefer to keep the goods in question, you can request an appropriate price reduction.
 
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so really all businesses should be telling people to refer to the consumer rights act then instead of making up their own?

No, because as I said, most businesses are not using their T+Cs to try and rewrite the consumer rights act. They always apply.
 
No, because as I said, most businesses are not using their T+Cs to try and rewrite the consumer rights act. They always apply.

How can a businesses terms and conditions apply if consumer rights act 2016 overwrites (in this case) the companies T&Cs. The companies T&Cs state "in any event within a maximum of 7 days of the date you discovered or ought to have discovered the damage, defect or complaint." as I posted in post #24 but then you say the consumer rights act applies here.

What I am saying is what is the point of a companies T&Cs if the consumer rights act over rides the companies T&Cs as in post #24 by the OP?
 
How can a businesses terms and conditions apply if consumer rights act 2016 overwrites (in this case) the companies T&Cs. The companies T&Cs state "in any event within a maximum of 7 days of the date you discovered or ought to have discovered the damage, defect or complaint." as I posted in post #24 but then you say the consumer rights act applies here.

What I am saying is what is the point of a companies T&Cs if the consumer rights act over rides the companies T&Cs as in post #24 by the OP?

Because, as I keep saying, most T+Cs dont try to remove the rights you have by default.

The T+Cs quote you posted removes some of your default rights because the consumer rights act says you are entitled to return an item within a reasonable timeframe if it is faulty and if they try and limit this to only being allowed to return the item if you report the fault within 7 days then they are trying to give you less rights than you get by default.

Most of the time, T+Cs will give you extra rights on top of your default rights. For example, the T+Cs might give you the right to return an item if you change your mind up to 30 days later. You need to have T+Cs to explain this right and it's valid because it doesn't remove any of your default rights.
 
Because, as I keep saying, most T+Cs dont try to remove the rights you have by default.

The T+Cs quote you posted removes some of your default rights because the consumer rights act says you are entitled to return an item within a reasonable timeframe if it is faulty. If you try and limit this to only being allowed to return the item if you report the fault within 7 days then they are trying to give you less rights than you get by default.

Most of the time, T+Cs will give you extra rights on top of your default rights. For example, the T+Cs might give you the right to return an item if you change your mind up to 30 days later. You need to have T+Cs to explain this right and it's valid because it doesn't remove any of your default rights.

Acknowledged. :)
 
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