where do i stand?

bensonx

i purchased a laptop of a certain company just before christmas, i ordered it ages before but i had problems with them letting on they didnt get my money anyway long story short.... the laptop is absolute bull! it never worked great from the start but was bearable now though all the buttons are stuck, it freezes all the time, its really really sloooow, you have to wait at least 10-15 minutes for it to load up, there are so many problems and this is a new dell inspiron like it should be perfect
i contacted them a few months ago to tell them of the problems and that i wanted a replacement or refund, they emailed back saying that since it had been more than 28 days they could no longer issue a refund and since it was a dell laptop id have to take it up with them
now im no law head but i always thought whoever sold the product was to take responsibility and that the 28 days guarentee thing couldnt hold like, that they have to fix it if its faulty
the laptop was €700! does anyone know where i stand?
any advice at all

Spear

Moved from N&F. Bensonx, you already know N&F isn't for these off-topic posts.

MitchKoobski

bensonx wrote: »

i purchased a laptop of a certain company just before christmas, i ordered it ages before but i had problems with them letting on they didnt get my money anyway long story short.... the laptop is absolute bull! it never worked great from the start but was bearable now though all the buttons are stuck, it freezes all the time, its really really sloooow, you have to wait at least 10-15 minutes for it to load up, there are so many problems and this is a new dell inspiron like it should be perfect
i contacted them a few months ago to tell them of the problems and that i wanted a replacement or refund, they emailed back saying that since it had been more than 28 days they could no longer issue a refund and since it was a dell laptop id have to take it up with them
now im no law head but i always thought whoever sold the product was to take responsibility and that the 28 days guarentee thing couldnt hold like, that they have to fix it if its faulty
the laptop was €700! does anyone know where i stand?
any advice at all

It's not faulty, you just think it is from your use of it. You had 28 days to use it and let them know within those 28 days if there was anything wrong, and you waited until after then to tell them. Take it up with Dell.

bensonx

oh right so the life expectancy of a €700 laptop is 3 to 4 months?
how can it be from my use? your telling me that a laptop gives in after a few months? come on like honestly, sure if that was the case i wouldnt have bought it!

ShiverinEskimo

I think what Mitch is trying to say is that it's likely a software problem as a result of your 3/4 months of usage. A PC running slow is not tantamount to a faulty PC. That fact that it does actually boot up, however long it takes, suggests the hardware is in working order.

Just ring Dell support - you'll get a better response and they'll talk you through resetting it to factory settings whereupon it should return to it's faster operational state. Just make sure you back up anything you require.

jor el

You didn't buy it from Dell, so there's no need to go to them. It is the retailer's responsibility to sort out any issue, and there is no 28 day limit to their liability.

Tell them they are in breech of the Sale of Goods and Supply of Services Act by denying you any recourse and fobbing you off to the manufacturer. Tell them to replace, refund or repair the faulty laptop, in good time, or you will bring a Small Claims Court case against them, as well as lodge a formal complaint to the National Consumer Association for their breech of the law.

You can, if you chose, deal with the manufacturer, but there is no obligation to do this. It may or may not be a better course of action, that is for you to decide. It is not for the retailer to force this course on you.

ShiverinEskimo

All well and good Jor El but it sounds to me like it would be easier and quicker to speak to Dell. When Currys sell Dell laptops they 'encourage' support direct from Dell too. I had to check it out for the missus' mum and they sent a courier to pick it up, fixed it and dropped it back within a week. Job done.

They have reasonably decent support/warranties.

MitchKoobski

The laptop is starting and working, but the OP is complaining that it is too slow for a DELL INSPIRON. If he sends it back to the retailer, they're just gonna send it to Dell for a look anyway.

The retailer isn't just gonna give him a replacement when it's gone well after the 28 days to test the laptop and make sure it's in working order. If the OP believe theres something wrong with the laptop, then it's gonna be sent to Dell to be examined anyway.

He'll be better off going straight to Dell and seeing what they say rather than trying to arrange for the retailer to send it off.

Zab

Regardless, Jor El is right and OP's contract is with the retailer not with Dell. If he wants to deal with them instead of Dell then they have to comply.

OP, as people have mentioned, bar the sticky buttons, this is probably something that you've inadvertently done to the software on the PC. You should consider reinstalling windows and starting from scratch. You should also talk to Dell if they're willing to talk to you, as mentioned above, because in practice you should take help wherever it's offered rather than try to enforce your rights.

Regarding the sticky buttons, if you're sure you haven't mistreated it then you may have grounds for a repair or replacement. I'm guessing this was a refurb?

Antigone05

step 1 - start a system recovery. (this will wipe all data, so backup whatever you want to keep)

step 2 - is it still the same after bringing it back to factory settings? if so..you have just removed the possibility of a software issue, and the only other cause would be a hardware issue. (as long as there is no physical damage or liquid damage to the laptop)

step 3 - call Dell directly, you will have a faster turn around with them directly, whereas going through the retailer will slow the procedure down.

step 4 - if it was a hardware issue, and you got it repaired through Dell, let the retailer know, inform them of the rights that you have and if you have another issue with the machine (hardware) that you will be seeking replacement or refund.

bensonx

thanks guys for the replys
i understand what your saying, it would be easier to go to dell direct but why should you give up your rights just because its easier?

zab- no it wasnt supposed to be a refurb, it was supposed to be brand new, paid €700, but you never knw what your getting these days do you?

mitchkoobski- im not complaining that its just too slow, there are loads of problems but as i originally said, i didint want to go into all the detail as its too long

thanks again

ShiverinEskimo

I get the whole its the principle thing and you're right, but principle won't fix your laptop unfortunately, Dell will.

Best of luck with it either way.