Know Your Rights – when buying tech and gadgets

Q. When my parcel was delivered and opened the contents were damaged. Whose responsibility is that? A. If you paid the retailer to have the goods delivered, then the retailer is responsible for delivering the goods intact. If you sign anything upon delivery, make sure you inspect the goods first, or if there isn’t time, strike out any wording that says you have checked the goods are in good condition. You are entitled to replacement or refund if they then turn out to be damaged.

Q. If the retailer is unreasonable, what should I do? A. If you paid by credit card, the credit card company is equally responsible alongside the retailer. You could complain to the credit card company but that might not get you any further.
The next step is to consider legal action – in the Small Claims Court if the dispute is for kit costing less than £5,000. You won’t need a lawyer, but be prepared to spend a bit of time to get your case presented properly. See the last page for details on Small Claims Court.

Q. Is there a time limit to use the Small Claims Court? A. Selling a defective product is a breach of contract. In England and Wales you have 6 years (5 in Scotland) from a breach of contract, i.e. the date of sale, in which to begin court proceedings, so the time limit is unlikely to cause you problems.

Q. My PC caused damage to my table when it overheated after a few weeks. Who should pay for the table? A. The Consumer Protection Act makes the manufacturer responsible for injury or damage caused by a manufacturing fault. A claim for property damage has to exceed £275. The retailer also has responsibility, because of its obligation to supply goods that are safe. If the cost of the table is less than £275, you should contact the retailer.

Q. When my laptop went wrong it caused me so much hassle I had to go to the doctor. Can I claim for mental distress? A. There isn’t any provision to claim for such distress, or even for your own time and effort in making any kind of complaint, as part of the Act.

Q. Is there anywhere to go or anything I can do if the shop has gone out of business? A. This is where buying with credit can help. The Consumer Credit Act makes the credit card company responsible if goods have a fault or if they are not delivered. Complain to the credit card company.
If you buy using the retailer’s finance arrangements you may also have rights against the finance company. It is too complex a subject to discuss in detail here but if you have this sort of problem it is worth looking into the finance agreement.

Q. I bought my computer using the shop’s own credit arrangements. The computer has a fault and the shop says I should contact the credit company. Why should I? A. Some types of ‘credit’ sales, such as hire purchase and conditional sale agreements, transfer the responsibility from the retailer to the finance company. You should still involve the retailer as they may have some influence.

Q. I got charged automatically for an anti-virus subscription renewal but I don’t want to renew. What can I do? A. This is quite a common practice, it seems. Check that you did not agree to an automatic renewal when you first bought it, then cancel by telephone or email. The provider’s website should tell you how.

Q. I changed my mobile phone network but the reception where I live isn’t very good. How can I get out of the deal? A. Look at the agreement. Some networks provide for cancellation if there is no or poor signal. There will probably be a time limit for cancellation, so act quickly.
If there is no such provision, it depends on what was promised by the network when you switched. Unless you specified the quality of the reception you required and where, the network could argue that it is supplying a reasonable service. The service does not have to be perfect everywhere, just to a standard that a reasonable person would find acceptable.

Q. My laptop was knocked off a desk at college and now won’t start up. It wasn’t my fault and I can’t afford the repair cost. What can I do? A. You could present an estimate for the repair costs to the person who caused the damage, but if they refuse to co-operate, the only way you could make them pay is by going to court. If your family has home contents insurance, there may be a section providing cover away from the home, but items such as laptops often have to be specified as extras. Warranties don’t usually cover accidental damage but an extended warranty may provide for this.