Hi guys sorry for the lengthy post but if you give it a read you'll find the facts are not complex and any any advice would be much appreciated.
I bought an Asus X53e*laptop online*from Comet on 11/10/2011, but owing to their failings, the laptop was not available for collection until 20/10/2011. Within a few weeks problems began to emerge with the laptop malfunctioning quite significantly. I first contacted Asus*on 15/11/2011 (the*26th day of receipt)*where I informed them of the problem and was*emailed instructions on how to perform a 'reboot'.*Having successfully rebooted the laptop*it*continued to malfunction and I decided I was not content with accepting the laptop in this state, having paid a significant sum of £500. I attempted to return the laptop to the Comet store I collected it from (Holyoake Avenue, Blackpool) on the 27th day of receipt*upon which I was instructed I would need a refund/replacement code from Asus. So off I went and telephoned Asus who informed me that in fact they did not provide such codes, and that my only option with them was to arrange for their courier to pick the laptop up to be sent for repairs.
Needless to say I was quite disgusted at the notion of having to have a laptop which I had owned for less than 28 days repaired. Not only was it significant inconvenience to myself, being a student, to be without a laptop for a further week, but I*also did not see why I should have to settle for the potential installation of arguably less reliable refurbished parts after being in possession of my supposedly*new*and clearly inherently faulty product for such a short period*of time.*
I returned to the Comet store the following day (28th day of receipt) and this time spoke to the manager stating I wanted either a replacement or a refund. The manager was most unhelpful, refusing to be of any assistance and claiming I had no option other than to send the laptop to Asus for repairs. Knowing this simply wasn't true due to Comet's contractual obligations to myself I entered into email correspondence with Comet's customer support team*whereby I was informed I did not have to accept a repair within 28 days but I would nonetheless need to send the product to Asus for it to be inspected and to have the fault confirmed, making it clear I did not seek a repair.*The courier picked up my laptop along with proof of purchase and specific instructions not to repair the product as per my agreement with Comet.
A week later the laptop was returned with a delivery note stating the laptop had been repaired - it had needed a new motherboard. As I had given specific instructions not to repair I spoke to a member of the Asus customer support team who informed me their company does not have an inspection warranty, and that the laptop had been repaired as they would be in breach of contract if they returned a faulty laptop. Still not prepared to accept the laptop and having followed Comet's instructions fully I contacted a member of their customer support team once again statign what had happened and requesting a prompt refund.
Comet's final reply has made it clear they are attempting to shirk their responsibilities, claiming Asus repaired the laptop as the proof of purchase (very different to receipt date) made them repair the laptop wrongly believing it was over 28 days old and that as I did not make this clear I would now have no option but to accept the fixed laptop. Having been told I was entitled to reject a repair so long as I followed their instructions and, having followed their instructions to the letter (nowhere did they tell me I would need to make that clear), I feel somewhat cheated.
*
So what*do I do now? Do I initiate proceedings in the Small Claims court? If I do, is within 28 days likely to be deemed a reasonable period to inspect the goods and then reject them? Is it unreasonable to now reject what is likely a completely functional laptop as I was promised that would not be necessary? As said before, any help would be appreciated.
I bought an Asus X53e*laptop online*from Comet on 11/10/2011, but owing to their failings, the laptop was not available for collection until 20/10/2011. Within a few weeks problems began to emerge with the laptop malfunctioning quite significantly. I first contacted Asus*on 15/11/2011 (the*26th day of receipt)*where I informed them of the problem and was*emailed instructions on how to perform a 'reboot'.*Having successfully rebooted the laptop*it*continued to malfunction and I decided I was not content with accepting the laptop in this state, having paid a significant sum of £500. I attempted to return the laptop to the Comet store I collected it from (Holyoake Avenue, Blackpool) on the 27th day of receipt*upon which I was instructed I would need a refund/replacement code from Asus. So off I went and telephoned Asus who informed me that in fact they did not provide such codes, and that my only option with them was to arrange for their courier to pick the laptop up to be sent for repairs.
Needless to say I was quite disgusted at the notion of having to have a laptop which I had owned for less than 28 days repaired. Not only was it significant inconvenience to myself, being a student, to be without a laptop for a further week, but I*also did not see why I should have to settle for the potential installation of arguably less reliable refurbished parts after being in possession of my supposedly*new*and clearly inherently faulty product for such a short period*of time.*
I returned to the Comet store the following day (28th day of receipt) and this time spoke to the manager stating I wanted either a replacement or a refund. The manager was most unhelpful, refusing to be of any assistance and claiming I had no option other than to send the laptop to Asus for repairs. Knowing this simply wasn't true due to Comet's contractual obligations to myself I entered into email correspondence with Comet's customer support team*whereby I was informed I did not have to accept a repair within 28 days but I would nonetheless need to send the product to Asus for it to be inspected and to have the fault confirmed, making it clear I did not seek a repair.*The courier picked up my laptop along with proof of purchase and specific instructions not to repair the product as per my agreement with Comet.
A week later the laptop was returned with a delivery note stating the laptop had been repaired - it had needed a new motherboard. As I had given specific instructions not to repair I spoke to a member of the Asus customer support team who informed me their company does not have an inspection warranty, and that the laptop had been repaired as they would be in breach of contract if they returned a faulty laptop. Still not prepared to accept the laptop and having followed Comet's instructions fully I contacted a member of their customer support team once again statign what had happened and requesting a prompt refund.
Comet's final reply has made it clear they are attempting to shirk their responsibilities, claiming Asus repaired the laptop as the proof of purchase (very different to receipt date) made them repair the laptop wrongly believing it was over 28 days old and that as I did not make this clear I would now have no option but to accept the fixed laptop. Having been told I was entitled to reject a repair so long as I followed their instructions and, having followed their instructions to the letter (nowhere did they tell me I would need to make that clear), I feel somewhat cheated.
*
So what*do I do now? Do I initiate proceedings in the Small Claims court? If I do, is within 28 days likely to be deemed a reasonable period to inspect the goods and then reject them? Is it unreasonable to now reject what is likely a completely functional laptop as I was promised that would not be necessary? As said before, any help would be appreciated.
