Misleading 28 days return warranty on Tesco, or have I missunderstood?

[seelphed_vr]

Hi everyone,

 

I am new to this forum, so please bear with me.

 

I bought a laptop computer from a Tesco extra store. At the time of purchase I also bought a Microsoft office software, as when I asked the clerk about the software included with the laptop he said it did not have office. I then asked about warranties and about returning it. I was quoted the Tesco's "no questions asked" 28 days return policy, as long as I kept all the original packaging, accessories, and tags still attached. He basically told me to take it home, try it for a few days and if there was something I was not satisfied, just take it back for a refund. After first using the computer at home, I realised that the computer came with a Microsoft Office Trial offer for 3 months, which I could I have used and which I would not have to buy at the time I bought the computer. So I was misled to buy the software there and then.

After using the computer for a few weeks, I was dissatisfied with my purchase, as it was not as fast as expected, being a high performance laptop as explained to me, compared with my work laptop which is two years older and it's faster, and the battery life never lasted near the advertised life, even when testing it without wireless networking, no multimedia applications and lowering the screen brightness. However, any reason would be irrelevant according to their "no questions asked" policy as that was the reason why i bought from them willing to test the computer and not doing any more research.

So I took the laptop back to the store well within the 28 days period, to get a refund and look for a different laptop to my liking. I thought it would be hassle free as I was promised when I bought it. Instead I was faced with refusal to accept my computer as I had “used it”. I spoke to one of the guys of the electricals desk, then with his supervisor, and then with the electricals desk manager. All three of them told me I had been misinformed and that if I had used it there was no way they would take it back. The manager was particularly rude to me and advised me to try my luck at another store!

By using my laptop they mentioned that I had installed software different to the originally supplied with the computer, and downloaded files from the internet as they could contain viruses. However, all of this is extremely easy to avoid by a clean installation of the recovery disks. They installed the microsoft office in my computer when I bought it, they could as well uninstall it. As far as “using it”, how else would I have been satisfied with it other than by testing it? It seems very unfair to me that they hid this rule from me, as with all your assurances that I was free to test it at the time of purchase nobody told tell me “just don’t install anything on it, and never go into the internet with it. Just test it as it was sold to you, otherwise we will not take it back”.

I called the customer services help line about 10 times, and I was reassured that the guys at the store were missbehaving and didn't understand why they were being funny about it. I went back to the store and tried to speak with the store manager but he was never available and the guys of the elctrical desk refused to talk to me as they had been "briefed" by their manager and instructed not to deal with me no more, as if I was doing something wrong.

 

Am I right to believe that for the reasons explained above, I was misled into buying the laptop and the software? :-? If so what can I do about it? The 28 day period is just running off in the next day or two.

Any advice will be greatly appreciated.

 

[Surfer01]

I don't think the MS Office software is an issue as the software on the laptop would expire in three months time anyway, however on purchase you obviously indicated that you wanted to use it beyond 3 months. Normally it is clearly indciated on the packaging what is included in the purchase so if you had checked you woudl have seen this. In addition, the specs of the laptop would be clearly displayed. Perhaps if you posted the specs, you coudl eb advsied better. The 28 day returns policy does refer to the item being in the same condition etc etc In hindsight you should have re-formatted the drive but either way they could nto sell it on again as new. More than likely SOGA will not apply to the software as you would need the software for the new laptop if they do an exchange. as the state fo the laptop has altered again SOGA may not be applicable. Difficult question to answer correctly, but IMHO Tesco are probably wll within thier rights just unfortuante you had a salesperson mislead you.

[AtlantisZPM]

There is nothing in the law that allows a change of mind. However if you feel you have been mislead then you need to start to build a case against them. So I would document the who you spoke to at time of purchase should be a name on the receipt and then what happened in the store getting the names of the employees and manager. Contact their customer services (take full details of advisor and record call if possible) and explain to the step by step what happened and even that you was advised by customer services that is usual behaviour leading you to make another wasted journey in the store (do you have the name of the telephone advisor?). Get customer services to liaise with the store directly and resolve it otherwise you will take it further (obtain MD's customer service team contact details). What works in your favour because Tescos make an extremely high mark up from food and beat their poor suppliers into submission they easily have the money to provide customer service (I recall them giving an exchange on a tv that was a comet or currys own brand).

 

Good luck and stay the course!

[seelphed_vr]

Surfer01,

 

You are right about the software, I should have checked better as the packaging does state that it includes a trial of the office suite, but only for 30 days. The specs were displayed and although I don't know a lot about computers, the sales advisor told me it was one of the latests. The processor was an Athlon II P320 2.1 Ghz processor, that now it is clear is not one of the latest and why my work laptop is faster with its Pentium Dual Core processor, even if it is almost two years older.

 

And I am trying to make them recognise that it is not fair to be so relaxed and utterly flexible when selling and very specific and strict to a way of understanding the wording of their policy. Tesco Direct uses exactly the same returns warranty, and it does accept any return within 28 days. I should have bought from them instead. Although i don't know if i would have faced the same at their quiosk.

 

AtlantisZPM,

 

Yes I know they are not obliged by law, but in this occasion i thought they would be bound by their own policy. I did called they customer services freephone number, and initially they were very helpful and tried to ressolve the issue for me, clearly stating on their own that it was ridiculous to ask me to test the laptop and then refuse to accept it for using it. They engaged to resolve this with the store, but after being put in hold for a couple of minutes, they would then say that the store was in their right to apply their OWN policies and that they could not overturn it. That it this specific situation, as sold, in computers, as interpreted by their employees, would be without being used, as nearly everything you do with the computer gets something added to it, if you surf the web, all the cookies or flash updates, or virtually anything.

 

Is like if I was sold a TV reassured it would be Full HD, take it to my home, connect it to a HD feed, finding out it is only HD ready (720p, as opposed to 1080i/p), taking it back to the store and then being refused to do anything about it as it had been connected to an HD feed!!

 

Maybe I am having a bad trip or been too much on consumer forums, he he he but this still stinks to me.

[Surfer01]

A two year old dual core processor will probably be faster than any laptop you will buy from Tesco and may also be faster than a lot of new laptops you buy from PC World. You can't really compare then two. I certainly would not use that in my defence or as an excuse to exchange the laptop. For a new dual processor you are probably looking at £800 plus.

[AtlantisZPM]

You say they advised each store has there own policy in regards to returns? Can you get a copy of these conditions (well the store have to provide you with these) my guess it will be exactly the same that is whats on the website. Have a read through them and see if there are any stipulations for computers and is it clear computers are excluded?

[seelphed_vr]

Surfer01,

 

I know I could buy an intel i3 processor laptop for less than £500 nowadays, although I don't know if that is better or not that the "old" dual core processors. But my point was that it was sold to me as one of the fastest, saying something like "these are as fast as the intel's processors but not as expensive".

 

AtlantisZPM,

 

I have requested their policies from both the store and in general for all of tesco's from their customer services corporate address. But my guess is that it will be the same. The have been very cryptic saying things like it is up for store the way they interpret the rules, or that in computers there may be different rules, but they could not provide me with anything in writing, just the way they understood it.

 

As an experiment a friend of mine went into the store acting as if he was buying a laptop and he was told exactly the same, in a slightly different manner, about their 28 days "no quibbles" return policy, and he made sure he mentioned install software to test it, and they said, "sure, fine, that would not be a problem, how else could you test if it is up to your expectations?" He asked to see the policy in writing, and he was directed to the wall with policy stating the "If you change your mind within 28 days, we are happy to refund or exchange the product provided it is returned, as sold, with all the original packaging, tags, labels and accessories. Please have your invoice with you to do this" This is why I am so annoyed!!!

[AtlantisZPM]

we are happy to refund or exchange the product provided it is returned, as sold, with all the original packaging, tags, labels and accessories. Please have your invoice with you to do this"

 

Ahh this is standard retail policy it basically means that the item has to be unopened as this was the condition you bought it in (so if its open its up to them based on the item how many refunds they have done that month and how close they are to their set target etc.). This is so they can resell the item at no penalty as if its open no one will pay full price for it. I would go ahead with the strategy of dealing with the customer service team who answer for the MD advise how you and your friend were both mislead by Sales adviser X and X and that they are using the 28 days no quibble as a selling tool. As I say if you push it far enough they will take the hit as they can afford to, esp. if you use them for food shopping mention you are a loyal customer and could go to cheaper places but you use them for there honest and good customer service etc. then will bend over backwards. Remember going down this route requires you to be tactful your not entitled to the refund its down to a someones decision, word the complaint well and you will have no problems.

[Conniff]

Try emailing the big boss and tell him exactly what you were promised which convinced you to buy it. terry.leahy@uk.tesco.com

[Surfer01]

Try emailing the big boss and tell him exactly what you were promised which convinced you to buy it. terry.leahy@uk.tesco.com

 

Worked for me when I had a complaint about CS in a store.

[seelphed_vr]

Worked for me when I had a complaint about CS in a store.

 

Will definitiely scalate it if the letter I sent to the manager comes back with something unreasonable. Thanks for the email though!! you saved me investigating it.