Acer laptop and Tesco

  Ixora 23:06 22 Feb 07
Locked

A friend of mine bought a Acer laptop from Tesco at Christmas time. In the last few weeks the sound has stopped working. They took it back to Tesco as a faulty item and asked for a replacement. They were told that there were no replacements of the same value at the time but there would be some coming into store soon. This stock has now arrived but Tesco will not replace the faulty item as they say it is more than 28 days since it was bought and they only give a 28 days no quibble guarantee. When my friend pointed out the sale of goods act she was told that this does not apply in this case. The reason for this Tesco state is because my friend picked the item off the shelf and took it to the checkout herself, therefore they did not sell her the item and therefore the sale of goods act does not apply.

They have told her to contact Acer and if they agree that the laptop is faulty she must get confirmation from Acer who must agree to Tesco changing it for her.

Has any body come across this before.

  tb64 23:56 22 Feb 07

What a load of #########

Did she give Tesco any money at the time? Of course she did so they sold it to her. her contract is with tesco and not ACER. Tell her that if she does not get an imediate refund she will take them to court AND notify Trading Standards. They will not turn up to court (if it ever even got that far) and so she will win.

A letter to the local paper wouldn't hurt either.

get her to print off the Sale of Goods and Services Act and show the store manager.

This is an excerpt from click here

Sale of Goods Act Fact Sheet
URN No: 05/1730

Subject: Sale of Goods Act, Faulty Goods.

Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

Good luck

  spuds 00:16 23 Feb 07

Get your friend to go back to Tesco's and ask for the manager.What as been stated is total nonsense. Tesco's are responsible for the item.

If you friend seeks help and assistance direct from Acer, without official agreement and help from Tesco's, then they could lose certain consumer rights. Tesco's must arrange a replacement, refund or repair, whatever your friend requests.

I had a similar case in Tesco's a few months ago. Purchased an item, and loading it into the car, I found the item and the receipt was incorrect. Returning straight back to the store customer services, I was told that because I had left the store nothing could be done about it. Requested manager attendance, wrongs were soon put to right, with the promise that the customer service person would be 'offered' further training.

  spuds 16:22 23 Feb 07

Just returned back from the local Tesco Superstore, and I note on the front of their printout receipts 'We have changed our Refund Policy. Please see in-store for details'.

The back of the receipt still mentions the all important additional benefit "If you change your mind..return it to the store..within 28 days"." Your statutory rights are not affected".

  Ixora 23:01 23 Feb 07

Since posting I have been onto the Office of fair trading and explained the situation. Their reply is the same as the advice that you have both given. Namely contact the store manager and point out that they are in breach of the 'Sale of Goods Act'. If they do not act on that then put complaint in writing to store manager and post by recorded delivery with a time limit to respond. If they still refuse to comply then contact 'Customer Direct' section of the OFT and I understand that they will look into the matter. I originally rang the local Trading Standards and was transfered automatically to the OFT. They have given me a Case Number and a direct line phone number to their 'Customer Direct' section to keep them updated.

My friend is going back to see Tesco tomorrow so will update as to how she goes on.

  Ixora 21:05 24 Feb 07

Problem solved. After phone call to Acer who did not want to know and two calls to Tesco helpline who also did not want to know and three visits to the store they finally changed it for a new one. Lot of trouble but worth it as this Laptop has a bigger screen and higher spec. Alls well that ends well.

  Stuartli 21:08 24 Feb 07

Tesco employees have never loaded food and drink into my trolley nor pushed it to the checkouts...:-)

To be honest I've always found Tesco's customer service to be absolutely spot on if anything has to be returned or exchanged.

  spuds 21:30 24 Feb 07

"three visits to the store they finally changed it for a new one". What happened on these visits, could be very interesting to know, for further reference purposes.

  Ixora 22:47 24 Feb 07

I went along with my friend to Tesco to change the faulty laptop. They said that they could not change it until they had a RMA number from Acer. Rang Acer they said that they do not supply RMA numbers to the public if it is an item bought from Tesco. Tesco must apply for it themselves.

Returned to Tesco and explained this to the section manager. Was then told that it is no good ringing Acer as they would not do anything until 12 months had past as Tesco give a 12 month warranty and Acer give a 2 year warranty. Would have to ring Tesco helpline and they would arrange a repair or replacement. On Tesco's literature it states that the helpline does not deal with certain products these being Cameras, Laptops and PC's amongst other items. When I pointed this out to the manager they said that we were reading it wrong and that we should ring the helpline and they would give us a RMA number. When I asked if I could ring from the store I was told that I couldn't.

Went home and rang the Tesco helpline. The person on the line said that he was sorry but he could not help me as they did not deal with Laptops and PC's but would give me the Acer phone number and I could speak to the manufacturer direct. When I pointed out that they did not want to know he said that they wouldn't as the PC was still under warranty with Tesco. He then said that he was fedup with Tesco telling people to ring the helpline when they had problems with their PC's or Laptops as there was nothing that they could do for them. It was for the store to sort out at source and to either replace, refund or repair.

After a couple of hours I rang Tesco helpline again just to check that what I had been told earlier was correct. This time I spoke to another person explaining the problems that my friend was having but did not tell them that I had rung earlier. His explanation and comments were just the same as the other persons comments had been. He did give me the phone number of Tesco's head office and an extension number to ring if I did not get any satisfaction from the store.

Went back to store and explained all of the above to the manager who said that the instructions from above was that no product could be changed without a RMA number but as we were not going to be able to get one they would change the Laptop.

As I said my friend is happy with the one that they changed it for but I hope that this one does not develop a fault as I don't think that she could go through all this again.

  frankie 23:29 24 Feb 07

glad you got it sorted,good luck with replacement,i had similar problem with comet,and acer,sale of goods act and trading standards sorted,i too had a upgrade,but why oh why do big shops try to pass the buck, very poor customer relations,i will always but always ask for advice here,prior to any purchases to find out how good customer services and aftercare are before purchase,so my never buy again list is now acer,tesco,comet,wonder if any one else wants to add?

  dms05 15:29 25 Feb 07

I've never bought a high ticket value item from Tesco but have looked seriously at their laptops and mobile phones. Now I will never buy anything more expensive tham a bottle of wine. It's the best way to defeat poor service. Tesco should be ashamed and train their staff properly. Upto now I always bought from Tesco with confidence, now I won't.

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