- 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.
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?
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.
only for them to turn round and say its user error
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
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.
so all standard business terms and conditions are void then?
why have terms and conditions in the first place?
No, because not all terms and conditions attempt to remove standard rights. Most dont - that's why we have them.
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.
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.
Name and shame.
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. 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.