received new laptop today- need to reject-help??

  cartref 19:07 30 Jun 2009

Hi, Just received an Acer laptop today and it had 2Ghz rather than the 2.4Ghz I need, spoke to internet supplier and he offered to swop it for a restocking fee and the extra for the 2.4Ghz machine. I said I'd consider it and ring back tomorrow.
Went back to laptop and found it had powered down, I suspect a dodgy Power Supply, so I rang supplier back up and stated it was faulty and that I wanted to reject it, he stated I had to have a phone call from ACER warranty to ascertain the fault and also stated that Acer would pick it up for repair- I said I wanted to rejected it and he said no - cant do until ACER check it!! Under distance selling regs he stated that by the time that Acer had done their bit then I would not then be allowed to reject it, help, what do I do?!?!??

  Dizzy Bob 19:31 30 Jun 2009

You have two choices.

1. Reject the goods under the distance selling regulations. You do not have to give a reason why you are rejecting them, but you should ensure that communications with the vendor ae carried out via " a durable medium". I believe that emails are considered a durable medium.

You will probably be required to pay the costs of returning the goods, but you may not be charged a restocking fee.

click here

for the full DSR.

2. And the more likely in this case.

REject the goods as faulty, and not fit for purpose. The vendor may try to direct you to Acer, but you contract is with the seller, NOT the manufacturer.

Keep copies of all correspondence.

FE will probably be along in a bit to add his comments. They are always spot on on what to do in these circumstances.

A couple of quick questions.

1. Who was the seller? This may help forum members with long memories who may remember similar situations with that seller.

2. Did you make the purchase as a private individual, or as a business purchase? This can make a huge difference to the legislation involved.

Oh, and good luck!


  laurie53 19:32 30 Jun 2009

Double post

click here

  cartref 19:44 30 Jun 2009

Thanks for that- the company concerned are :
I bought this for myself as an individual.
I feel as if i'm in a tricky spot here.

  cartref 19:48 30 Jun 2009

Sorry yes it is a double post, I did ask the forum Admin to transfer it over but had no response so took it upon myself to repost here- sorry.

  Stuartli 19:59 30 Jun 2009

You have clearly ordered the wrong laptop model and it is therefore NOT a case of unfit for purpose (the 2.4GHz version, in your words, is "extra").

The seller appeared to be acting in a proper and reasonable manner until you brought up the case of a possible faulty PSU.

You should still reject the item under the Distance Selling Regulations and point out that, as the seller, he is responsible for repair or replacement.

  cartref 20:06 30 Jun 2009

Thank you Stuart I am trying to find their email address at this moment.

  karmgord 21:06 30 Jun 2009

Did you pay any of the cost by CREDIT CARD (not debit card),if you did and don't get a satisfactory response from the vendor then the credit card provider is equally and severally liable for replacement/refund of faulty goods.

  cartref 21:19 30 Jun 2009

Yes, all paid by credit card as I'm always on my guard! Thank You.

  spuds 23:04 30 Jun 2009

You have stated that you received the laptop today, so you are well within the seven days of DSR for rejecting the item without giving a reason. This as nothing to do with Acer. Its for the retailer to comply with consumer law. Sending the item back will incur you paying a returns carraige charge, but you should get all the previous payments back, a restocking fee is now illegal and the retailer cannot demand this. Some retailers are more forgiving than others, and may well provide a returns arrangement, for free. Getting the purchase price refund can take 30 days, if the retailer so wishes, so bear this in mind, if you want a replacement from elsewhere.

You also say that a fault as occured. If this is the case, and you want to keep the laptop, then the retailer would have to provide a service in getting the unit repaired, replaced or refunded. In a number of cases the retailer may have no facilities for repair, so may well suggest going direct to the manufacturer. This is your choice as to whether you want to proceed that way. If you do, make sure that it is with the written suggestion of the retailer first, otherwise going direct yourself in the first instant. might limit your consumer rights.

Basically, the DSR provides the right to inspect 'on approval' for the consumer, as if the item was being inspecting at the retailers premises. Now that you have already informed the retailer of a possible rejection (by email for safeguards?), you can extend the seven day limit, until the matter as been resolved.

  lotvic 23:32 30 Jun 2009

And if you intend returning it DON'T mess with it or take it pieces in an attempt to troubleshoot or mend yourself.

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