# Refund on a broken laptop, under warranty?



## Monsclara (22 May 2013)

Hi
I bought a netbook in PC World on 2 Feb this year as I needed a machine urgently whilst waiting on my laptop to be repaired. From the beginning the performance of the netbook was a disaster. It got me through until my laptop was repaired and I stopped using it, simply because it kept hanging, crashing,etc. I took it back to PC World and they have advised that the hard disk needs to be replaced and are sending it back to the manufacturer. I have asked them for a refund but they say that this is not possible - the procedure is that the netbook will be returned to Asus for repair and I will have take it when it is fixed. Does anyone know if I have any right to a refund? The machine is less than 4 months old.

Thanks


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## MrEarl (23 May 2013)

Hello,

As I understand the law (Sale of Goods & Services Act), you are entitled to a replacement or repaired machine, in the absence of a full refund.  If this is the first time you've returned the machine to them, it would probably be most appropriate to permit them the opportunity to repair or replace it, rather than an immediate refund.  

However ...

A)  your issue is with the retailer, not the manufacturer, given it's the retailer who you purchased the item from & hence, you've contracted with them.

B)  if you are being asked to wait an unreasonable period of time for the repair to take place, then you can insist on a faster turnaround, or a replacement item - particularly, given the machine is so new.

C) if this is a problem which you've already given them the opportunity to repair, then you'd be well within your rights to insist on a replacement machine, if not a cash refund - tell them you've lost confidence in the machine and find it unreliable etc.

Ultimately, you have the law on your side but in practice, most retailers would not drag their heels too much once you start reminding them of your legal rights and also, that your contract is with them as they are the retailer etc.  

I'd suggest if your not happy, you go to the store on a Saturday at a busy time and insist on speaking with the manager of the store - out in the open floor near the queue for the cash registers, where customers can hear you tell how unhappy you are, if you feel your not being treated fairly - it's far faster than going to the Small Claims Court and usually gets results 

Have a look at the following link, for further information:
[broken link removed]

Finally, as a complete aside - I own an Asus Tablet (Transformer) myself and consider the machine excellent.  The manufacturer has a good reputation from all that I've read about them, so I'd expect they will sort your machine out, under the warrenty (although granted, thats not the matter at hand, at this time).

Don't back down ... know your rights and speak loudly, if your not getting satisfaction when you visit the store.

Also, don't be shy about telling them your intending to publish your experience with their store on the internet, here on AAM etc 

Regards

Mr. Earl.


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## Monsclara (23 May 2013)

Thanks Mr Earl. What has actually happened now is that I've had to go and buy a new laptop (at Argos). (I am travelling on Sunday to work in Brussels for a while and I needed a reliable and portable laptop). I told them last Sunday about the urgency and that I was willing to buy an upgraded laptop from them if the netbook would not be repaired in time. They would not entertain this and advised it would be at least 3 days before the diagnostic would be complete. I called them Tuesday but they reiterated that I was in a queue etc. etc. Then they called yesterday to advise that it needed a new hard drive and it would take 2-3 weeks before it is back in the store. They say this is standard manufacturer's warranty terms. You say that my contract is with the store and perhaps I could badger them on the issue of customer satisfaction. BTW this is the first time I have taken the machine back to them even though it was unreliable from the beginning. (I needed it to get me through a week's work in February and subsequently left it in a drawer. But now I need it again and should have looked at getting it repaired before now, but I didn't). So I'm going to end up with an unwanted netbook, if it is successfully repaired. I'll go to the store and advise them of my rights etc. and see what happens. Thanks for all the info.


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## Leo (23 May 2013)

The store are within their rights here to attempt a repair. The law states you are entitled to repair, replacement, or refund where a product is faulty. The law does not give the consumer a choice of which remedy they would prefer. I think as consumers we'd all prefer refunds or replacements, but that isn't practical and would result in products being more expensive, which we don't want either.

Unfortunately your urgent need doesn't come into it. They are allowed a 'reasonable period' within which to effect the repair, and again, the law doesn't go into detail of what is reasonable. They seem to be fulfilling their legal requirements on this one. 

Make sure you keeps notes of all communications, get as much of it in writing as possible. If you do need to go down the legal route at a later stage, having all this will strengthen your case.


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