"Miss-sold" a laptop, what are my rights as a business?
- Thread starter Haggisman
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All that is well and good if you were buying it from Ford but you weren't so any sales questions should be directed at point of sale. I'm not having a go mate I just think your easier course of action is to speak amicably to the seller to see what options are available. To chase the manufacturer I think you would need to go down a legal route.
Weird - what make and model is this?
So rather than speaking to a technical representative of the company who manufacture the item in question, you feel a generic salesperson is better placed to answer questions about the specification of a product?
![[TW]Fox](/data/man-of-honor/2009.png){kind=avatar}
How many wheels does this car have?
You'd go and see it or at the very least, call the seller.It's actually quite common amongst laptops/ultrabooks of this size/spec. The whole reason we went with this particularly make/model is purely because of the fact that the RAM was supposedly upgradeable.
Even when Ford have told you explicitly that it has 4 wheels?
[TW]Fox;24913221 said:
From your previous posts you seem to be quite knowledgeable on this kind of thing, so given that the seller's terms and conditions clearly state no returns/refunds on B2B sales, and that they have done nothing wrong, and the mistake lies with the manufacturer, what rights do we have?
Yes, of course, given you have no contract or come-back with the manufacturer. You'd go and see it to cover yourself before you made a financial commitment.
Fair enough - clearly I'm naive enough to think that people can actually do their jobs properly
Plus as for the car analogy I’d say your scenario was more along the lines of seeing a ford car at an independent garage which advertised a car but made no mention of any Bluetooth functionality. Ringing up ford to ask whether that model number had Bluetooth and then upon buying the car finding out it didn’t.
Having 4 wheels is an integral function of a car and one you’d expect it to have. Much like you’d expect an laptop to have a headphone out socket but it might not nessecerily be specified.
I think as has been said your best option is to try to amicably come to an agreement with the reseller to return it for a credit and use that to buy a model which they offer with 8gb ram. Failing that just sell it and cut your business's losses.
As for your rights, I honestly can't see you getting anywhere with the manufacturer and judging by the terms or the reseller i'm not sure you have any there either.
Having 4 wheels is an integral function of a car and one you’d expect it to have. Much like you’d expect an laptop to have a headphone out socket but it might not nessecerily be specified.
I think as has been said your best option is to try to amicably come to an agreement with the reseller to return it for a credit and use that to buy a model which they offer with 8gb ram. Failing that just sell it and cut your business's losses.
As for your rights, I honestly can't see you getting anywhere with the manufacturer and judging by the terms or the reseller i'm not sure you have any there either.
Same outcome though surely?
You've been told the car has X, and when you receive it, it doesn't.
It's still giving misleading information in order to sell you something you don't want.
I've been told by both the manufacturer and seller that it's not upgradeable. Not that that actually means anything considering the previous communications I've had with them.
Yes because that is where you are buying it from. Its their responsibility as the seller to check with the manufacturer what the spec is. They are selling it, you are buying it from them. You may as well as called me and asked because I have the same status in this as the manufacturer has IE its nothing to do with me.
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Fair enough, well that's me educated on that one!
So back on topic. What rights, if any, do we have based on the fact that the manufacturer lied to us about the spec of the laptop?
Or is it a simple case of "none whatsoever" in which case, "Spec me a high explosive to fit in a 13.3" laptop" thread coming soon
Soldato
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What actually is the laptop? Don't name the competitor reseller, but naming the make/model here is fine. Remember that on some laptops the RAM slots are got-at from taking the keyboard.
And just to those saying "I've never heard of soldered RAM", it's actually getting quite common these days. Started on the MacBook Air, but now other ultrabooks are following suit. They can be specified/upgraded to have upto 8GB (or whatever) compared with the base spec of 4GB (or whatever), but these upgrades over the stock configuration can only be done at the point of manufacture and not after-market.
@OP: I'd be pursuing two lines simultaneously. To the manufacturer I'd be saying "Your support are rubbish and giving out duff info. And that's just for pre-sales. Now I'm not sure I have any confidence in your wares". And to the re-seller I'd be saying "Oops, we bought this thinking it was upgradable to 8GB - didn't realise that the RAM is soldered. Can we please return it and pay the extra to upgrade to the model that comes with 8GB?" (They're not going to lose out as you're buying the better model from them, and they know that if they don't play ball with accepting the return they'll never get your business again and as you're a business not just a consumer that could be a few quids worth).
And just to those saying "I've never heard of soldered RAM", it's actually getting quite common these days. Started on the MacBook Air, but now other ultrabooks are following suit. They can be specified/upgraded to have upto 8GB (or whatever) compared with the base spec of 4GB (or whatever), but these upgrades over the stock configuration can only be done at the point of manufacture and not after-market.
@OP: I'd be pursuing two lines simultaneously. To the manufacturer I'd be saying "Your support are rubbish and giving out duff info. And that's just for pre-sales. Now I'm not sure I have any confidence in your wares". And to the re-seller I'd be saying "Oops, we bought this thinking it was upgradable to 8GB - didn't realise that the RAM is soldered. Can we please return it and pay the extra to upgrade to the model that comes with 8GB?" (They're not going to lose out as you're buying the better model from them, and they know that if they don't play ball with accepting the return they'll never get your business again and as you're a business not just a consumer that could be a few quids worth).
It totally depends on the exact wording of the conversation and how specific the question was asked. You would have to ask for a recording / transcript of the conversation and take it form there. The advice given could well make them liable but its not something that they are just going to roll over with I wouldn't imagine.
I would initially go back to the seller and ask again if it can be exchanged (see if they will take it back with a restock fee perhaps) and I would then write to a complaints department at the manufacturers stating your grievance. Its likely to be rather long winded though.
I would initially go back to the seller and ask again if it can be exchanged (see if they will take it back with a restock fee perhaps) and I would then write to a complaints department at the manufacturers stating your grievance. Its likely to be rather long winded though.
Caporegime
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Is it a MacBook Air?
The conversation was pretty much word for word what I posted above, the fact he actually gave the spec for the RAM it needed to be upgraded made the lie sound pretty convincing....
No. It's an Asus Zenbook Touch UX31A http://zenbook.asus.com/zenbook/?c=ux31a
Model number UX31A-C4037H to be precise (which is the model no. I gave on my initial phone call)