Man of Honour
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I didn't know this. What protection do they get? After all, they are consumers and so must get something.
"Miss-sold" a laptop, what are my rights as a business?
- Thread starter Haggisman
- Start date
I didn't know this. What protection do they get? After all, they are consumers and so must get something.
Soldato
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The person selling it to you never said it had 8gb of RAM. So they didn't mis sell it to you did they. Sorry but I don't think you have a case to complain against the seller. Obviously the manufacturer are at fault for bad information but not much you can do. Hardly a crime.
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How're they at fault? For all we know said company OP bought from has a contract with said manufacturer to have a different spec. Said manufacturer may sell to say 50 different resellers therefore the manufacturer was correct in saying that they come with 8GB, if OP didn't specify which reseller then the manufacturer did nothing wrong. And who's saying that the guy at the end of the line didn't assume they were purchasing direct from them?
Soldato
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If you bought it online with a card the dsr should still apply. If you bought it from a company, you received quote and possibly proforma and you excepted that then you are going to be struggling but it's nothing to do with the manufacturer and really bad business on the resellers side for telling you tough.
Stupid question though its not got 4gb onboard and another slot for another stick has it? Sometimes under the keyboard?
Have you got a screenshot of the item, does it say 4gb upgradeable to 8gb?
Stupid question though its not got 4gb onboard and another slot for another stick has it? Sometimes under the keyboard?
Have you got a screenshot of the item, does it say 4gb upgradeable to 8gb?
I'd rather not give that out, on the off chance that the manufacturer do actually give a decent response when I write to them.
If they don't however, they will be getting a severe slating everywhere I can possibly think of
13.3" full metal chassis, 1920x1080 touchscreen display, 3rd gen i7, 256GB SSD, 9mm height, "up to 8GB memory" (direct quote from manufacturer's website)
Seems a reasonable price to be honest. Or would have been if I wasn't lied to.
Could turn out to be quite a profitable lesson actually, I can start selling Pentium 2s as 4th gen i7s, and as long as I'm selling to businesses, it's perfectly acceptable by the sounds of it.
It's an ultrabook, and the seller and manufacturer have both now confirmed that it is not upgradeable.
The manufacturer doesn't sell direct.
The phone conversation went like this:
Me: "Hi, I'm just phoning to check some details about the ABC-1234, I've found conflicting information about it. Your site states it is available with up to 8GB memory, but I can't find an 8GB model anywhere - is it upgradeable?"
Him: "Let me check for a moment"
*on hold*
Him: "Hi, yes, that model can take one additional stick, up to 4GB to give you 8GB in total, just a moment I'll get you the spec"
*on hold*
Him: "It's a standard laptop stick, 1600MHz DDR3"
Me: "That's great, thanks very much"
Seriously, could that be any clearer?
Why is it anything to do with the re-seller - they haven't done anything wrong?
I took the bottom off and I'd be inclined to say no - there may be a slot on the underside of the motherboard, but I'm not keen on stripping the whole thing down while there's still a slim possibility of returning it.
The seller, and manufacturer have both since told me it's not upgradeable.
Just for info, the model number is in the format XXXX-XXXX where the first section is the base model, and the second section denotes the spec. so when I asked about it on the phone it was for the identical laptop.
The resellers website did not state: "This model is not upgradeable, regardless of what the manufacturer may have told you", therefore I made the foolish mistake of actually trusting someone to do their job properly and giving me the correct information.
Agreed, which seems to be why people are confused at you thinking they should do anything to help correct your mistake.
Care to point out where I am saying I'm expecting the reseller to correct the manufacturer's mistake?
I mentioned the reseller once in the OP to point out that they weren't willing to offer a return/refund, as DSR does not apply to B2B sales. I then stated several times that I'm aware it's not the reseller's fault, which is why I'm chasing the manufacturer:
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Surely you need to take this up with the seller, the manufacturer has, despite giving you incorrect information nothing to do with the sale contract.
I would be pressing the seller with regards what they can do for you but the question remains why did you not request the info from the seller ?
I would be pressing the seller with regards what they can do for you but the question remains why did you not request the info from the seller ?
Soldato
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It's not the manufacturers problem. It's down to the reseller to have accurate description of the item. If gigabyte advertised a motherboard that had x function, the reseller just advertised it as such without checking if it did x function then they have sold an item without an accurate description and they need to take that up with the manufacturer and to give you refund or replacement for one that you were sent but with the described specification. You have bought the item from the reseller not the manufacturer.
You want to buy a 63 plate Mondeo Zetec S 2L manual petrol.
You check on the Ford website:
- 2L petrol engine
- Manual transmission
- Zetec S trim level
- Up to 4 wheels
Excellent, exactly what you want, but you're not sure about the wheels, so you phone the number on the Ford website:
"Hi, does the 63 plate Mondeo Zetec S 2L manual petrol have 4 wheels?"
"yes it does"
You shop around for a 63 plate Mondeo Zetec S 2L manual petrol (Ford don't sell them directly) and find one from a nearby independent dealer. You check on their website:
63 plate Mondeo Zetec S 2L manual petrol:
- 2L petrol engine
- Manual transmission
- Zetec S trim level
- Up to 4 wheels
Perfect!
You place your order, a couple of days later, your brand new, unmodified 63 plate Mondeo Zetec S 2L manual petrol turns up. It only has 3 wheels. Whose fault is this?
Because I made the mistaken assumption that the manufacturer wouldn't have lied to me?
The advert neither advertised that it was or was not upgradeable. Hence why I phoned to check. Yes, in hindsight I should have checked with the reseller, however I figured that the people who actually make the thing might be able to remember if they'd soldered the RAM on or put an upgrade slot in it.
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Did the seller's sale blurb include the phrase 'up to 8gb'? If so then surely they are liable as the information is misleading.
Otherwise I would try and write a letter to the manufacturer. Try and find a name / department to direct it to. Complain that their staff are not up to scratch and their advice has cost you £1600. You never know, you might get lucky.
Otherwise I would try and write a letter to the manufacturer. Try and find a name / department to direct it to. Complain that their staff are not up to scratch and their advice has cost you £1600. You never know, you might get lucky.
Using your car example, you'd be silly not to look at the car (check number of wheels) before you paid for it.
No it doesn't, it also doesn't mention that the laptop doesn't have a white keyboard, it doesn't mention that it's not waterproof, and it doesn't mention that it doesn't come with a free Ferrari. Again, as I've mentioned a few times, the seller has done nothing wrong, they've supplied exactly what I ordered from them. The issue is that the manufacturer gave false information when directly questioned about it.
This is what I'm planning to do, and was posting here to find out if there were any acts/legislation I could use to back me up, but it appears that in B2B sales you can make up any old rubbish and have no comeback...