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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48161
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son has bought a computer from a laptop manufacturer and

Customer Question

My son has bought a computer from a laptop manufacturer and within the space of approximately 2 to 3, months, he has now had two. The first one was returned because of some fault and the second one he has now had for just over a month is faulty again. He would like to return this and get a refund. My question is how does the law view this for my son as a consumer?
I was under the impression that a retailer has the right to be able to correct the problem but after two attempts to sort this with no joy whatsoever, can my son demand a refund and get it?
Any advice you can give me would be gratefully received.
Sheila
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can he not get a different make/model from them instead?
Customer: replied 2 years ago.

Unfortunately Ben I have had your advice before and was not happy with it and today I find again you have absolutely not answered my question. It is not for me to see whether or not this manufacturer can move my son on to another model they make, it is for you to tell me how the law would deal with this transaction that has already taken place.

Even if I thought your suggestion is a good idea which I simply do not, the simple fact remains that all trust in their products performing as they should, is obviously not going to be there and therefore I am still trying to establish from you the facts with regard to how the law sees this original transaction.

In my first message to you, I asked if my son was well within his rights to seek a refund. I hope you can help me now with that dilemma.

If you can help me answer my question then please say so, otherwise I will ask for another Solicitor to help me.

Kind regards

Sheila

Expert:  Ben Jones replied 2 years ago.
Hello, I have actually not yet attempted to answer your question - my initial post was simply a question directed at you to find out his position and whether he is open to this as a resolution, it was in no way a suggestion that it is what he should do and leave that as my answer. We do ask preliminary questions before we provide a detailed answer so that we can understand a person's position better. Anyway, moving on to my answer now, when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002. The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights: 1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed. If he has had the item for 2-3 months then he is most likely too late to reject it and request and refund. Also nowhere does the law state that the seller can only try and repair it a set number for times before the buyer can reject it and request a refund – the key is that the item must be rejected as soon as reasonably possible really and the fact that he has kept it for this long and given them the chance to undertake repairs means that he has most likely left it too late to reject it and has accepted it. 2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience. A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale. So even if he cannot reject it now he can still have a repair or replacement from them and if they refuse and it is still in the first 6 months then it is for them to prove that it was not faulty at time of purchase. As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.
Hi BenWell I must thank you for your detailed response and now I know what choices are available so it has been very helpful. I would say however, that my initial contact with you had been to ask about a refund and under no circumstances would my son have considered another model from this manufacturer given their track record but the law is the law and knowing as a consumer what our rights are is most helpful in knowing how to deal with transactions that haven't always gone to plan.
Expert:  Ben Jones replied 2 years ago.
You are welcome. Also remember that there is nothing stopping him from trying to ask for a refund and pushing for that - the worst is they say no, so he has nothing to lose by at least trying. But if they refuse to refund him then at least he knows that legally he cannot push the for that so it would be the other options which are left for him as explained above.
Customer: replied 2 years ago.
He was going to do that to see how far he can push them, especially as this is his second computer and he would like to see if they will give him the refund as a matter of goodwill. If they do not, then he will ask for a brand new one. I note that he only has a 4 week window in which to see if the computer will break again which is no time in the life of a computer, but at least we know the law now, which is most helpful.
Expert:  Ben Jones replied 2 years ago.

Glad you think this was helpful, all the best for now