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Category: Law
Satisfied Customers: 33534
Experience:  Barrister at Self Employed Barrister
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I recently (6 Sept 2014)bought an expensive (to me a 75yearold)

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I recently (6 Sept 2014)bought an expensive (to me a 75yearold) TOSHIBA all-in-one desktop computer. After a few weeks use (21st Sept) the little On/Off power switch stuck in the OFF position and I have since been unable to access it. I contacted the retailer who sugested (by email) that I return it direct to Toshiba repair dept, "As that is what I will do, anyway". Toshiba arranged collection by courier and is now demanding 300plus GBP for repair as the problem was caused by "physical damamge!"
Despite repeated phone calls eventually spoke to Customer services who merely refused to repir or replace as their engineer claimed "physical damage" as the cause. The switch is a flimsy little push button at the bottom right hand corner.
What else can I do? I can't afford the cost of the repair which I consider unjustified nor afford to be without.
Do you accept that you may have broken it?
Customer: replied 2 years ago.

No, the swich was obviously defective as I only used normal finger pressure to activate it as I had done many times before.

I see. You may thus wish to refer the company to the EU directive - 1999/44/EC. Whether you bought the goods in a shop or online under EU rules you always have the right to a minimum two-year guarantee period at no cost. If an item you bought anywhere in the EU turns out to be faulty or does not look or work as advertised, the seller must repair or replace it free of charge or give you a full refund or reduction in price. As such I would suggest contact them again and advise that you are aware of this regulation - the part was defective and unless they resolve then you will take them to the small claims court for your money back. I hope that this helps. Please rate positive.
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