laptop and dead pixels

  iqs 18:05 03 Jan 2005

hello and happy new year,im thinking about purchasing a laptop shortly.but im very concerned that some retailers don't consider dead pixels a fault.if i find that my laptop has one or more dead pixels can i insist on a exchange or a refund.and how do i stand legally if they refuse.

i will probably buy from pc any stories involving pc world and their comments with this issue is appreciated.many thanks,mike

  Rayuk 18:31 03 Jan 2005

Best to check on their dead pixel guarrantee if any before you buy.

  pj123 21:41 03 Jan 2005

Have a go at typing in "dead pixels" into to search box on the left of the screen. At least 20 responses there.

  rickf 21:53 03 Jan 2005

If you go to Staples and buy one there, they would let you switch it on before you pay your money and take it away. At least, thats what I did and they were ok about it as long as you are definitely going to buy one.

  rickf 21:55 03 Jan 2005

Sorry did not quite finish reading your post re pcw. Ask them if they would let you see it working like I said. I don't see why not.

  Forum Editor 23:14 03 Jan 2005

that once I had made a decision about which machine I wanted I would not buy a laptop until/unless the retailer allowed me to unpack it and try it in the shop - on the understanding that I would buy it if the screen was OK.

With online purchases this isn't such a worry - you have the right in law to return goods for a full refund - without giving a reason - provided you notify the supplier (using a 'durable medium') within 7 days of the date of delivery. Email is considered to be a durable medium in the eyes of the law.

  Mistrider 01:51 04 Jan 2005

Not wanting to disagree with the forum editor, and i am fully open to being corrected but under the law review "INTERNET LAW: WORKING WITH THE WEB" email has not yet been defined as a durable medium. it is always best with something to send a recorded delivery letter, Ideally witness signed by your local JoP or a professional you know, keep a copy of the letter for yourself as well as the recorded delievery signature.

to quote a recent artical in the

"Written confirmation

The Distance Contracts Directive at Art. 5 states that the consumer must receive written confirmation of this information in another durable medium in ‘good time’ prior to the performance of the contract, at latest at the time of delivery of the goods. Whether email confirmation constitutes a ‘written confirmation in a durable medium’ is not clear.

Right to withdraw from the contract

The Distance Contracts Directive at Art. 6 provides for an absolute right for the consumer to withdraw from the contract without needing to give a reason and without any penalty save for paying the direct costs of returning the goods. The right has to be exercised within 7 working days in which to withdraw. There are various exceptions to this right."

companies can claim exceptions to the distance selling "i can change my mind on a whim notice" if the cause of the issue is caused by the consumer ie downloaded viruses, or incompatablity with 3rd party items, or for example a mediacentre bought via the internet to the isle of Jersey, and then a refund request because the freeview as part of the system does not work, (freeview is not transmitted in Jersey and it would be seen as the purchasers responsibility to know this not a online order and delievery service unless they offered a specific deal) the internet does have many safe guards in place to protect the consummer but as the net spans such a large area ie you can order books form as easily as yet you are buying from the usa not the uk it still has a lot of basis on the purchaser correctly buying an item. Distance selling regs give you 7 days to check your goods, i know of 3 online suppliers i can think of off the top of my head whos company policy is you have 30 days going bejond that which is laid down in law. so before you buy find out the policy of the company you are buying from.

as with many things with in law "a durable medium" comes down to the interpritation and with many companies having email boxes for sales, for orders, for technical support, for accounts etc if you send to the incorrect box would it be classed as you having contacted them if department A does not pass it on to department B, however a recorded delivery letter to a head office, becomes a whole different kettle of fish and your local magistrate who might only be part time will know this and heaven forbid it goes that fair it does mean they are more likely to rule in your favour than be dazzeled with arguments over emails can be edited etc

  iqs 22:40 05 Jan 2005

hello and thanks to everyone for your help.i will do as rickf suggests.if pc world want my money they must allow me to check the screen before i purchase.if they refuse bye bye.
once again thank you.kind regards,mike

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