can i get a refund?

stek

Bought a laptop off dell appox 6 weeks ago and I have had nothing but trouble with it!, First the keys on the keyboard start falling off- two weeks later they sent someone out to replace, then the hard drive burned out- two weeks later they sent someone out, then the network card broke- still waing to get fixed. Ive had it 6 weeks and it has only worked for about 1 week!!!
I do not want a replacment as i dont trust dell pc's anymore.
Am i within my rights to demand my money back?

stek

Bought a laptop off dell appox 6 weeks ago(xps 1330) and I have had nothing but trouble with it!
First the keys on the keyboard start falling off- two weeks later they sent someone out to replace,
then the hard drive burned out- two weeks later they sent someone out,
Now the network card is fubar- still waing to get fixed.
Ive had it 6 weeks and it has only worked for about 1 week!!!
I do not want a replacment as i dont trust dell pc's anymore.
Am i within my rights to demand my money back?

Oryx

stek wrote: »

Bought a laptop off dell appox 6 weeks ago and I have had nothing but trouble with it!, First the keys on the keyboard start falling off- two weeks later they sent someone out to replace, then the hard drive burned out- two weeks later they sent someone out, then the network card broke- still waing to get fixed. Ive had it 6 weeks and it has only worked for about 1 week!!!
I do not want a replacment as i dont trust dell pc's anymore.
Am i within my rights to demand my money back?

You certainly have a strong case. Legally they can argue that you are unfortunate and they are fixing it for you... but I would give it a go. The law says its repair, replace, refund at their discretion, not yours, but companies do realise it pays to sort issues like yours in the customers' favour.

Alanstrainor

Moved from Laptops. It's more of a consumer issue rather than a laptop issue. Best of Luck

stek

ok thanks,... I posted it below already...

Silenceisbliss

Under the Sale of Goods and Supply of Services Act 1980, anything you buy from a retailer must be:

1, of merchantable quality
2, fit for its normal purpose, and reasonably durable
3, as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson.

Dell has seemingly not abided by points 1 & 2. your are by law entitled to an exchange. But as you said, you dont want an exvhang but want a refund. thats okay,

Stores cannot simply say they do not give refunds. Under the Sale of Goods Act, you are entitled to a refund, a replacement or a repair if a product is not of merchantable quality, fit for its purpose or as described. A retailer cannot take away those rights

hope it works out, let us know what happens

Silenceisbliss

and if they say; We'll repair it free of charge

-If goods are not of merchantable quality, you do not have to accept a repair. You can insist on a refund or a replacement.

you are legally entitled for a cash refund. just say "Under the Sale of Goods and Supply of Services Act 1980" AND THEY WILL LISTEN

Silenceisbliss

Oryx wrote: »

The law says its repair, replace, refund at their discretion, not yours,

If goods are not of merchantable quality, you do not have to accept a repair. You can insist on a refund or a replacement.


why are there two threads on this issue by the way?

Oryx

Silenceisbliss wrote: »

If goods are not of merchantable quality, you do not have to accept a repair. You can insist on a refund or a replacement.


why are there two threads on this issue by the way?

One was moved from laptops.

dudara

Threads merged.

OP - Please try to post in only one forum at a time on a particular topic.

Flaccus

Although you don't have to accept a repair as people have said, the company can try to insist as they have to be given a fair chance to rectify the problems (which they have of course) and they might try to claim the issues in this case are all separate so any fixes they have done so far are permanent. Usually a judge will decide the outcome in these matters if you initiate legal proceedings.

However one interesting point worth considering which I don't think anyone has mentioned is Directive 1999/44/EC which is ratified in Irish law. This really strengthens the Sale of Goods Act.

http://www.euroconsumatori.org/16856v18340d18510.html

Valid points are in the first six months any lack of conformity shall be presumed to have existed at the time of delivery, unless proved otherwise. Essentially you have not accepted the good legally until after 6 months have passed and if any issues occur within that time period they are deemded to have existed at time of delivery. Secondly any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods. Well if you say you have had the goods 6 weeks and only had 1 weeks use, and that they were bought to be used on a daily basis for example, then I'd say you have been inconvenienced big time. In this situation you can have the contract rescinded.

I'd demand a refund. Otherwise small claims court time.