comet and acer with linux

[missmp]

Hi

Please can anyone help me!

My partner bought an acer aspire one from comet with linux on it, as we do not know anything about linux, he asked if it could do the same things as windows and was told yes and that linux just looks different, when he brought it home, we found that we could not install programs onto it and that it also had a fault, when it starts up it reaches a blue screen then restarts itself, then freezes.

he returned it to the store to ask to change it for a windows one, they said no, he told them that it also had a fault, but was told to contact acer, then head office.

when we contacted head office, they told us it was at the managers discretion, i sent several e-mails to them, but they keep insisting we contact acer, so i finally sent them an e-mail quoting the sale of goods act to them, saying that the product was not as described and unfit for purpose and if i did not receive a refund within 7 days i would take them to court, they have replied saying that the need acer to check that there is a fault, i replied that the contract is with comet and not acer and i want a refund.

But i don't know what else i can do now!

Can anyone advise me on how to take them to court?

any suggestion would be most appreciated

[dx100uk]

when did you buy it?

 

dx

[missmp]

We bought it on 16th feb, we returned it to the store just over a week later

[missmp]

Thank you for your e-mail

 

They have now sent me the following reply:-

 

 

The store do not accept that the unit has been mis-sold. This being the case, they can only address your claim that the unit is faulty.

 

The Sales of Goods Act affords us the right to inspect a product to confirm a fault, and once confirmed, to attempt a repair. We are entitled to use a repair agent of our choosing, and in the case of computer equipment, we use the manufacturer as the agent.

 

For the purpose of diagnosis of the fault, we request the customer contact the agent (Acer) directly. However, if you do not wish to do so, the store will contact Acer on your behalf.

 

[miniconverter]

You have obviously been reading my thread about Comet so hers a copy of the initial letter I sent to them.

 

This is to give you some idea of what to put but I don't mind if you copy relevant bits. When you have compiled a letter post it up on here and I am sure somebody will have a read at it and offer advice

 

If you are going to threaten court action you must do it if they don't sort the problem in your time scale. Do not back down

 

You could also have a general look round on this site to get a bit of knowledge about taking court action, it's not really that hard just requires a bit of careful planing a bit of time and some patience

 

Mr Miniconverter

Our House

Shefcaster near Doncasfield

SD1 2BC

06th January 2009

01142898989

07852898989

Dear Sir

On the evening of 5th January 2009 I visited you store with an Acer laptop which has a fault on the disc drive. I was informed by a member of your staff called Chris that I must take it away and download a program to repair the fault and your company could not accept it for repair as Acer would not collect it until they had authorised a repair which in the circumstances they would not.

You where also unable to give me details of the web address where this program could be found or any other details of the download.

May I at this point remind you that my contract of sale as governed by the SOGA is with Comet Group PLC and not with Acer or any other third party and is wholly Comets responsibility

I have owned this since 19th April 2008 which in turn was purchased to replace one bought in November 2007 which you refunded (your repair number 1951114) as this had developed the same problem but you where unable to repair even though it was returned to me on 3 occasions.

As you refused to repair the defective item I rejected the goods as being not fit for the purpose intended or of merchantable quality and ask for a refund which was also refused.

I then spoke to John Leak the sales manager who also refused a refund for the defective laptop.

For the avoidance of doubt I hereby reject the goods an Acer Aspire laptop model number 5315 which was purchased from Comet Rotherham branch number 1066 on the 19th April 2008 for the purchase price of £299.99 as being not of merchantable quality and not fit for the purpose intended. I therefore rescind the contract as is my right under the sale of goods act 1979 and as amended section 48A(2)(ii) and require an immediate cash refund.

You must agree and action this refund in cash within seven days of this notice. . I feel this is a reasonable request considering the size of your organization. Failure to provide a full refund within this time scale will result in legal action being taken. No reminder will be made.

It is a legal protocol that notice be given before an action in county court is taken. This letter satisfies that requirement. No extension of my time scale will be given.

I have included a daytime and mobile phone number for your convenience but will consider your failure to contact me further refusal to refund for the defective laptop.

If you are unsure of the content or the implications of this letter I suggest you seek legal advise.

Yours Faithfully

Mr Miniconverter

Cc Comet group PLC

George Street

Hull

HU1 3AU

 

 

Hope this is of help to you if you need any more help just ask

[missmp]

Thanks miniconvertor

 

I have compiled the following letter, am I waffling on to much in it?

 

Dear Jeremy Holmes

On the 17th February 2009 I visited you store In Beckton, East London to buy a laptop, I looked around and liked the look of the Acer Aspire One as it was so small,

I spoke to a sales assistant named Asma

and asked to look at one, as the ones on display were all switched off, I noticed it looked different to normal computers and was told that it had linux on it not windows, so I asked if it was the same as windows, and was told that it was, and that it just looked different,

I asked if they all had linux on them and was told they did,so not knowing anything about linux, I then discussed whether this would be suitable for my needs, and was assured that it would be, She then showed me on her computer all the different hard drive specifications and advised that I purchase the Acer Aspire One with a 120 GB hard drive as it had the biggest storage space which would be suitable for pictures and video. But when I arrived home and started to use the Netbook, I discovered that it was unsuitable as I was unable to install software or programs and was also unable to view pictures from my camera or certain media content on the Internet

I then visited your store on the 26th February and spoke to a sales person named Amy, I explained to her that the netbook with linux on it was unsuitable for my needs and that I would like to exchange it for one with XP as I had noticed that they had some with XP on them , I also told her that it seemed to have a fault.

She went away, when she returned she refused to give me an exchange or refund.

I explained that the product had been sold to me and was not as described, not fit for the purpose intended and not of merchantable quality and asked to speak to the manager, but she said that this is what he had said and that he wouldn't come out. I was then told that I must contact acer for a repair and was then given Acer's phone number.

May I at this point remind you that my contract of sale as governed by the SOGA is with Comet Group PLC and not with Acer or any other third party and is wholly Comets responsibility

For the avoidance of doubt I hereby reject the goods an Acer Aspire One Netbook model number ZG5 which was purchased from Comet, Beckton on the 17th February 2009 for the purchase price of £229.00 as not being as described, not fit for the purpose intended and of not being of merchantable quality . I therefore rescind the contract as is my right under the sale of goods act 1979 and as amended section 48A(2)(ii) and require an immediate cash refund.

You must agree and action this refund in cash within seven days of this notice. . I feel this is a reasonable request considering the size of your organization. Failure to provide a full refund within this time scale will result in legal action being taken. No reminder will be made.

 

It is a legal protocol that notice be given before an action in county court is taken. This letter satisfies that requirement. No extension of my time scale will be given.

 

I have included a mobile phone number for your convenience but will consider your failure to contact me further refusal to refund for the netbook, which is of no use to me.

 

If you are unsure of the content or the implications of this letter I suggest you seek legal advise.

 

Yours Faithfully

 

Cc Comet group PLC

George Street

Hull

HU1 3AU

[miniconverter]

It looks OK to me but I would just see if somebody better at letter righting than me comes along and gives there comments.

[Conniff]

Thank you for your e-mail

 

They have now sent me the following reply:-

 

 

The store do not accept that the unit has been mis-sold. This being the case, they can only address your claim that the unit is faulty.

 

The Sales of Goods Act affords us the right to inspect a product to confirm a fault, and once confirmed, to attempt a repair. We are entitled to use a repair agent of our choosing, and in the case of computer equipment, we use the manufacturer as the agent.

 

For the purpose of diagnosis of the fault, we request the customer contact the agent (Acer) directly. However, if you do not wish to do so, the store will contact Acer on your behalf.

 

 

It certainly has been mis-sold. You were told Linux could do all Window could but it certainly can't and there are a multitude of problems with software not being able to be installed onto it.

[Renzokuken]

Not to interfere here, as comet isn't my area of expertise although computers are.

 

What version of linux does it come with, a full version of linux will indeed do everything that windows does albeit in a slightly different way. If it's the version currys sell with their acer netbooks. it will come with a lite version of linux such as linpus, and it certainly can't do everything windows can do.

[Conniff]

I wasn't making a dig at Linux, it's a fine OS, but if someone knows nothing about computers except how to switch it on, Linux isn't the way to go.

[2Grumpy]

There might be a problem with drivers for some devices ...

 

It also depends on what programs the OP was trying to install. You wouldn't be able to install windows programs that come with a camera etc directly without something like "WINE", but it would be better to find native linux alternatives - most likely freeware