New laptop faulty out of box - what are my rights?

  Dave8742 00:39 22 Nov 2010

Hello Forum,

This is going to be a long post. I would be gratful if you could have a little patience in this matter, whilst I try to explain the nature of my problem as accurately as I can...

A few days ago, I received delivery of a brand new Toshiba X500 149 laptop, from PC World. Brand new, as in "new" and not "referbished" or "open box". However, on opening the package, I noticed that the power adaptor for the laptop was not contained within a sealed plastic bag (I had watched many unboxing videos for this laptop on youtube, prior to purchase, all of which show the power adaptor contained inside a sealed plastic bag). Additionaly, I noticed that the plastic bag which was around the laptop itself, was not sealed, and the selotape that was there had been undone and then stuck back down, flat, onto the surface of the bag?

However, the laptop itself, as far as I could tell was untouched. All of the protective plastic covering and film which you normaly peal off (which was around the edges of the laptop screen and over the mouse pad) was in place. There were no signs of finger prints, scratches, or marks to suggest that this laptop had been used. So, I assumed that it was brand new (as per my original order with PC World) and therefore proceded to set it up...

The startup procedure was as normal (same as with any new PC), the windows setup screens, the entering passwords, etc.

The next day, I decided to run a game and notivced some static/artifacts appear on the screen which went away after about 15 seconds or so. I didn't think much of this at first, untill it happened again. Now, three days on, it seems to be worse if anything. It is an intermitent fault which comes and goes when running games, and which causes static to appear on screen (it looks a bit like light green coloured static interferance, i.e. in lots of little patches on the screen) I tired another game (brand new) same thing happened. At first, I thought it might be a heat issue, but the laptop does the same thing after just a couple of minuates of being switched on even when its cool (when all the fans are slow and silent). It seems that this problem only occurs when running games though, as DVD and Blu Ray films play without a problem.

After having forked out a large amount of money for this laptop, I am not cosy with the idea of people "repairing it". My original order was for a brand new, sealed in box, fully working laptop and thus, I would therefore not expect to have to have it repaired, or fiddled with, or tweeked just three days after purchase. I'm sorry, but I simply don't TRUST anyone enough to leave this laptop with them, as experience has shown me that nobody cares more about the things that you own, than YOU do. Its you that has to live with it, and not them.

Needless to say, I want to return this laptop for a full refund, end of. I have read PC Worlds terms a conditions and it states that, following the Distance Selling Regulations, they will accept items back even if I have opened the goods to inspect them. It states that I am entitled to a refund as long as I return the goods within 7 working days from the day of delivery. The goods must be in an ‘as new’ condition and returned in the original, undamaged packaging, along with any accessories and free gifts received with it. BUT then it says that the product must not have been used or installed or had any data inputted.

Are they suggesting that I am somehow supposed to establish that my laptop is working correctly, but without actualy using it? How else is anyone supposed to find out if their laptop is working correctly, if they can't "use" it or load any software i.e. "imput data" on to it?

What are my rights here, and how can I get my money back? I'm not interested in receiving a "replacment" from PC World either, after having read some of the things on the internet regarding this company and the experiences that other customers have had! I am not interested in sending an expensive item like this "back and forth" to have it "serviced" everytime it decides to go wrong... or just simply because the fault wasn't fixed or repaired in the first place! (and we have all been there at some point haven't we... people saying they will call you back, but they never do... or they say that they have done something when they clearly haven't).

Continued below...

  Dave8742 00:40 22 Nov 2010

...Continued from above

If anyone here can provide any help or advice with the above matter, it would be most greatly appreciated.

(PS: I will be contacting PC World soon regarding this matter, that is, once I know and fully understand what my consumer rights are here, regard this particular purchase).

The Distant Selling Regulations are in place so that people who change their mind upon seeing the product in real life (as opposed to a picture on the internet) can do so, without any valid reason necessary. Its purpose is not to fault find - other regulations cover that.

I believe that you can demand a refund within 30 days of purchase if the product can be demonstrated to be faulty (I am not 100% certain of this so please wait for someone else to confirm/dismiss this), after that period, the manufacturer is only obliged to replace / repair the product.

Have you tried updating your graphics card driver and DirectX. It could just be a software issue that is easy to fix. That said, I experienced a problem similar as to you describe when playing the new Medal of Honor game (it was the only game that had a problem), and shortly afterwards my graphics card failed (it's a link I have not realised until just now!). Could be a sign of a dying graphics card, although it could have just been a coincidence.

How many games have you tried and how many of them suffer this problem?

Just found this - click here

"You're allowed a "reasonable" amount of time to check that the goods are satisfactory (there's no concrete time given as "reasonable"; it means different things in different situations). The best advice is to check the item immediately and return it as soon as possible if there's a problem. If the goods aren't satisfactory, you can "reject" them and get your money back (but be aware that this right is also only for a "reasonable" time)"

End of paragraph two should read:

'...after that period, the RETAILER is only obliged to replace / repair the product'

  lotvic 03:35 22 Nov 2010

No don't send it back as faulty (even if you think it is). If within 7 days you notify them in writing you can **CANCEL your order** under the Distance Selling regs (send a letter that they have to sign for).
Details of how to do it click here

This page gives you a template letter that you can fill in online and then print off click here
part of it reads:
"Under the Consumer Protection (Distance Selling) Regulations 2000 I would like to cancel the order and request that you provide a full refund within 30 days.

Please contact me within 14 days to arrange collection/ return of the goods. "

  lotvic 03:43 22 Nov 2010

PS: I successfully did this with a laptop from Staples last May. They tried to argue but I had guidance from Trading Standards Consumer Rights and they sorted it pronto.

It's a good idea to restore the laptop back to factory fresh with the recovery program so that all your settings are erased and it is as if starting up for first time. When you get back to that 'Welcome first use' screen then just switch the power button off. (I tested mine several times by switching on/off to see if the screen still came up and it did)

  BRYNIT 09:04 22 Nov 2010

Returns, Cancellations & Faulty Good
from the PC world Website. Look at What happens if my item is faulty? click here

The problem with using the Distance Selling Regs is that the product must be unused. You can mask the fact that you've used it by restoring Windows, but if Dave8742 has already peeled off the plastic protective sheets then PC World may rightfully put up a fight.

  Terry Brown 15:05 22 Nov 2010

This may help clarify your rights.

click here


  Dave8742 20:10 22 Nov 2010

Hello again,

Firstly, I would like to thank everyone who has taken the time to read through my rather long poast at the top of the thread, and also thank those of you who have replyed to it.


[email protected] -

I have tried using two games on the laptop in total, both of which are brand new, and both of which work without problem (albeit at a very low graphic setting) on my old desktop PC). The problems that I have described in my fist post on this thread, only happen on the laptop.

lotvic -

Unfortunatly, I have pealed away the plastic that was covering the mouse pad and screen edges, and it is unlikley to go back on the laptop exactly as it was. Also, I had to unwrapped the mains lead (that plugs into the adaptor) in order to switch it on.

BRYNIT and Terry Brown -

Thanks for bringing my attention to these...

What Consumer - What happens if my item is faulty?

PC World - Returning Damaged or Faulty Goods.

In their T&C, I see that PC World state that if the problem can't be sorted out by reading the manual or downloading drivers (or speaking to their Tech Guys), that I should take it back to my local store for a refund.

At it stands, I have read through the manual, and this does not have a "trouble shooting" section in it. As for the drivers, I would either need to contact Toshiba Tech support or PC World. I have not actualy registered this product yet to validate the warrenty.

As for the refund, I am wondering if PC World will refuse me this, on the basis that the store does not actualy stock these laptops because they are only avaliable via "home delivery" via their website (somewhat of an assumption on my part, perhaps). The proof of the pudding is obviously in the eating and I will only know "if" and "when" I need to actualy do this. Has anyone else had any experience of trying to return items to their local PC World store in this way? Did you have any problems obtaining a refund?

It looks like my next step of action is to either contact the Tech Guys at PC World or Tech Support at Toshiba, which one would be best? (I feel Toshiba would probably know more about it, seems that they make it). I am wondering if "contacting PC World Tech Guys" and trying to resolve the situstion through them may be a prerequisit of me being able to qualify for a refund though? Should it come to that.

I have not registered the laptop warrenty yet, should I register it before I brings these problems to anyones attention, or doesn't it matter?

Once again, thanks to you all for your help. I am not as knowledgeable about computers as some, so its good to speak with other people and gain a bit more understanding in how to handle matters in the best way I can.

This thread is now locked and can not be replied to.

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