The consumer rights thread Page 2

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  • Ziz0u 29 Oct 2015 11:42:19 11,006 posts
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    A website here (Toys R Us South Africa) ran a promotion yesterday offering pre-orders at half price on CoD Blops, Fallout 4 etc and it went as badly as predicted. The site just couldn't cope. It was down 99% of the 2 hours (yes, just a 2 hour window with only 20 copies of each game available)

    I was one of the lucky few who managed to get on and put an item in my cart. The site then continued to crash while I tried to process through delivery address, payment etc and eventually the site removed the item from my cart.

    Do I have a leg to stand on?
  • Deleted user 29 October 2015 11:45:51
    Ziz0u wrote:
    A website here (Toys R Us South Africa)

    Do I have a leg to stand on?
    /stealth "I'm out of jail, under house arrest and ordering stuff like fuck" post
  • MrMattAdz 29 Oct 2015 11:46:56 3,671 posts
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    Hahahaha great stuff Juz :D
  • MrTomFTW Moderator 29 Oct 2015 11:47:28 47,501 posts
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    If SA law is anything like the law here, then no. Until payment is taken the contract isn't complete. Anything before that is an invitation to treat, and they can withdraw at any point without legal obligation.
  • Ziz0u 29 Oct 2015 11:55:24 11,006 posts
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    Hah, nice Juz.

    Thanks, Tom. Thought as much, but was hopeful due to it being their site being at fault rather than just me faffing and having the product sell out.

    I popped them a mail with a screenshot anyway.
  • Deleted user 19 November 2015 20:44:39
    Quick question just to confirm I'm not misunderstanding anything.

    My phone, Xperia Z3, I bought sim free from a catalogue retailer in March of this year(2015).

    A couple of weeks ago the front started to come off from the top. To the point where I could stick my nail in a rip the whole thing off if I wanted. I didn't, and didn't, obviously.

    Instead I phoned the catalogue retailer explaining the situation and they said yeah, send it in, and they'll repair it. The packaging arrived, all fine. Sent it off, all fine.

    I spoke to them today however, and they refuse to repair it for free, because apparently "something got in and was eating away at the adhesive.", however they wouldn't say what.

    After a little bit of frustration speaking to the repair center telling me to speak to customer service who are now telling me to speak to head office who they apparently didn't have the number for(total BS right there.), I double checked the information for the handset.

    It has by manufacturer specification a IP65/IP68 rating.

    Complete protection again dust and no harmful effects from a jet stream of water for 3 minutes and greater than 1m immersion in water.

    So apparently if something "got in and was eating away at the adhesive", it didn't meet manufacturers specification, and is still under warranty, and that gives me the right to a free repair from the retailer or a like-for-like replacement from the retailer, right?

    Am I wrong there?
  • DangerousDave_87 4 Jul 2016 09:56:10 7,074 posts
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    So this is an in-store purchase, rather than an online purchase, but I bought a HP Laptop from PC World the other day. It wasn't meant to be anything special. I just need to be able to code, use Photoshop, run some fairly old video editing software and have Wifi access so I can uploaded files.

    It's all fine and dandy, except the Wifi part. I've found that after 2-5 minutes of use, my wireless connection becomes 'limited'. From here, I get all sorts of strange issues including the Network adapter turning itself off (though Windows 10 still recognizes a 'limited' of connection to my router). If the laptop falls asleep whilst in this state, when I try to wake it, it'll restart instead. If I try to shut it down, it'll spend 10 minutes trying to do so before eventually restarting again.

    I've tried many things to solve this issue, such as force updating the drivers for the network adapter. I've ensured Windows 10 is fully up-to-date. Being a HP laptop, i've even checked for updates and troubleshooting from their Support Assistant. As a last resort I factory reset the laptop, which seemed to solve the issue, but only during that initial use. If I shut down the laptop and reboot a few hours later, i'm back to square one.

    I guess my question is: Can I return this under warranty? Has anybody dealt with PC World before? I ask because on Saturday I went in to speak to somebody and was told quite bluntly that this sounded like a software issue and they wouldn't cover that. They said HP laptops never work (which I know is a lie, but would have been very helpful before making my purchase a few days earlier). They also told me they'd charge me £60 just to have a look at it.
  • Deleted user 4 July 2016 10:04:49
    I think under the Sale of Goods Act this comes under the "not fit for purpose" criteria. You bought it expecting it to connect to and stay connected to WiFi and assuming its a vanilla machine and you've not put anything on it that could be buggering it up and its just Windows as provided then you can hand it back.
  • Deleted user 4 July 2016 10:06:29
    Oh and read this You're covered by law and can demand a refund.
  • BreadBinLidHero 4 Jul 2016 10:08:37 10,801 posts
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    Yeah, if you only bought it a few days ago then they should take it back and either replace it or give you a refund.
  • DFawkes 4 Jul 2016 10:10:03 32,785 posts
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    Yep, that sounds broken. They can't charge you anything. Even if it was software, Legate's link make's it clear that'd still be covered too. They'll almost certainly try to fob you off so you'll have to push the issue, but it's faulty so you're entitled to a working product.
  • DangerousDave_87 4 Jul 2016 10:16:30 7,074 posts
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    Cheers guys. Well it looks likely i'll be returning it tomorrow. Ideally i'd be happy with a replacement because I can't find much better out there (for what i've paid), but we'll see. I don't know if i'll be complicating things further if I go for a replacement and that turns out to have faults of its own.

    Edited by DangerousDave_87 at 10:17:38 04-07-2016
  • CosmicFuzz 4 Jul 2016 10:32:42 32,632 posts
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    As Legate says, the Sale of Goods Act is no longer in force. It's been replaced by the Consumer Rights Act 2015, an applies to all purchases made from October 2015 onwards.

    So yeah, go to the shop as first port of call. You've got to give them one shot at repairing or replacing it, however, before you can demand a refund. It's also up to the retailer to decide whether they will replace or repair the item (they'll choose the cheapest/easiest option for them).

    Edited by CosmicFuzz at 10:33:25 04-07-2016
  • neilka 4 Jul 2016 11:01:39 24,021 posts
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    How many waterslides did you take it down?
  • DangerousDave_87 4 Jul 2016 20:24:22 7,074 posts
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    I had planned a trip to Aqua Splash with it, but i've only had it a matter of days.
  • mal 4 Jul 2016 22:27:52 29,326 posts
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    Falling off the network and switching to 'local internet only' mode sounds like standard windows behaviour to me - I've seen it on many machines over the years, over different windows versions. I still don't know what it actually means - on most devices you're either connected or you aren't - but I do know it means anything network-related buggers up.

    Edit: But yeah, if this machine does it a lot it's definitely not fit for purpose.

    Edited by mal at 22:28:33 04-07-2016
  • DangerousDave_87 11 Jul 2016 18:13:44 7,074 posts
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    Post deleted
  • DangerousDave_87 11 Jul 2016 18:13:45 7,074 posts
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    So, it's been a week, but today I got a replacement laptop. I didn't make it easy for myself. I got half way into town before realising i'd left the receipt at home, so had to run back. Then, I managed to lose the receipt on the way back into town, so had to go grab a bank statement. :/

    Anyways, the guy who served me today was great. Nothing like the previous employee. He listened to what I said and offered me either the replacement or refund straight away. I went with the replacement in the hope that is was purely a hardware issue (maybe the wireless adapter wasn't fitted correctly?).

    So far, so good. No issues yet. It is only day one, though, and my problems with the last laptop started on day two.
  • Deleted user 11 July 2016 18:21:52
    Wifi going into limited mode in Windows 10 is usually caused by power saving options in device manager (the whole "turn this device off to save power" thing). Power control in Win10 is atrocious.
  • DangerousDave_87 12 Jul 2016 00:34:48 7,074 posts
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    Really? I swear I spent forever looking online for a solution. The weird thing was the Wifi adapter would disable itself and refuse to be enabled again. After that, Windows 10 couldn't tell what was going on. It thought I was still connected to a router, but with limited access, and refused to disconnect.

    From there is have problems just shutting the laptop down. It would try for around 10 minutes before simply restarting.

    My luck with Windows 10 has been awful, but I wasn't entirely sure that it was to blame this time.

    Edited by DangerousDave_87 at 00:39:59 12-07-2016
  • DFawkes 12 Jul 2016 00:39:17 32,785 posts
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    That behaviour is exactly what my old wi-fi card thing did before it died entirely. Not that it's definitely the same hardware issue, but it might've been.

    Glad you got it sorted though :)
  • the_milkybar_kid 29 Mar 2018 10:37:19 8,474 posts
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    Guys. Ordered a bathroom corner cabibet / mirror and the glass is cracked. The box is fucking massive and it'll cost a bomb to send it back.

    I've had a reply form the company saying

    If you would like to return your item for a full refund, please arrange for the unit to be delivered back to the below address;

    I would advise to make sure you are given the consignment number before your courier leaves; this is a tracking number for the unit coming back to us. We also advise that you take out insurance for the value of the item as should the unit come back damaged you will need to make a claim against the courier.


    Am I expected to pay for the cost of the return or should they front the bill? And should they be the ones to arrange for the collection and return of it? Danke schoen.
  • Rogueywon 29 Mar 2018 10:53:11 12,387 posts
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    @the_milkybar_kid Not a lawyer, but...

    A quick check shows that they should foot the costs of return shipping (including insurance). There's a sample letter from consumer advice organisation Which? here, which you can use if they decide to play silly buggers.

    You, however, will have to make the return shipping arrangements. Just keep your receipts for any shipping/insurance costs.
  • the_milkybar_kid 29 Mar 2018 11:06:09 8,474 posts
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    Cheers Rougey. I'll front it to them. Just seemed very deliberately worded in their reply.

    Edited by the_milkybar_kid at 11:06:59 29-03-2018
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