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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44882
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought my son a laptop computer (through

Customer Question

Hello,
I bought my son a laptop computer for Christmas (through Amazon from a retailer in Birmingham). Within 7 weeks it stopped working,exhibiting a "Boot failure" model which I read from the internet is hardly unique.
I contacted the retailer who initially told me to deal direct with the manufacturer as it was over 30 days from purchase. After considerable pushing, they have agreed to take the machine back, but only to send it to the manufacturer for assessment and potential repair. The retailer cites "3-5 weeks minimum" which I find unacceptable. I have demanded replacement rather than repair as I understand that the Consumer Rights Act 2015 provides for me to have that choice. The retailer is asserting the right to send the machine to the manufacturer. My son needs this laptop for his studies and i feel it is unreasonable (and unlawful) for the retailer to make me wait while it pursues the manufacturer. I have no contract with then manufacturer, only with the retailer and I feel the retailer is in breach. Your view would e welcome . regards,
Paul
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How did you pay for the item?
Customer: replied 9 months ago.
AMEX Credit card
Customer: replied 9 months ago.
Just spotted a typo in my preamble - "Boot failure mode"
rather than "model. PS
Customer: replied 9 months ago.
Hello - anyone there?
Expert:  Ben Jones replied 9 months ago.
Thank you. Your first set of rights are under the Consumer Rights Act 2015. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under Act. The law states that the goods must be:· of satisfactory quality – they must not be faulty or damaged when you receive them;· as described – they must match any description given to you at the time of purchase; and· fit for purpose – they should be fit for the purpose they are supplied for, If they do not match the above requirements, you will have certain legal remedies against the seller. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. If the goods do not meet the criteria mentioned above, you will have the following rights: 1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase. 2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. You can choose if you want a repair or a replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative. A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet 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 fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale. Your other right are under the Consumer Credit Act where the card provider for the card you paid for the goods is jointly responsible if something goes wrong. You can contact the issuer to see if they can help in getting a refund or other compensation for this. So as you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them to resolve this to your satisfaction by asking for a replacement. You can quote the applicable rights you have under the Consumer Rights Act 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 hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 9 months ago.
Thank you, ***** ***** to be clear, do I have the choice between replacement and repair? Repair will have an onerous lead-time and we need the machine now. The retailer his pushing me to repair, and only replacement if the manufacturer cannot repair. This seems contrary to the 2015 Act.
Expert:  Ben Jones replied 9 months ago.
Yes you do have that choice - the law says that the consumer can request the retailer to repair OR replace the item - so the choice is your really, it does not state that you have to allow a repair first or that the retailer can choose. However, the law does state that you cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement) is impossible, or is disproportionate compared to the other of those remedies. So that is when the trader can refuse to accept one of these remedies. Hope this clarifies?
Expert:  Ben Jones replied 9 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 9 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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