General rights when returning a product (not to OCUK)

lordrobs

lordrobs

lordrobs

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Ok just want to get a quick over view of my rights in this situation.

I recently bought a laptop through work for work use which turned up today.

So like an excited school boy I open it up, register windows, play with it all day... then this evening when going to charge the battery for the third time I thought hang on I thought this was meant to have a 2.5 hour battery life.

So I dig around and find that I've been supplied with a lesser model that only has a 1 hour battery life and a 4:3 instead of a 16:9 display.

Now in using the product have I effectively accepted the product as is and therefore scuppered any chance of getting what I ordered? I'm not too fussed about the screen but the 1 hour battery life makes it pretty useless to me.

Thanks for any advice.
 
Well how would you know it was the wrong one without taking it out of the box?

The fact you didn't realise until later doesn't change the fact they've sent you the incorrect thing!

I wouldn't tell them that you register windows ;)

HEADRAT
 
HEADRAT said:
I wouldn't tell them that you register windows ;)

HEADRAT
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:o too late on that front as I'd already emailed them :(

Windows was pre-installed though. What I meant to say was ran the set-up. Usernames etc.
 
If its not as described you should be able to either get compensation or exactly what you paid for and the lower life battery wasnt what you wanted or agreed to pay for,
 
Cool, as I hoped.

They are a pretty big office / stationary supplier so I'm hoping we'll be ok.

One good thing is that I (well the company) haven't paid up front so we'll be getting an invoice in a couple of days. We can just withold payment until we're happy I guess.
 
DailyGeek said:
Ah yes, just as bad.

Their model number labelling on the box is pretty sketchy, same as Acers. Have about 8 models called say AMILO 1680 S but with varying specs.
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Yup, this is an Amilo Pro V2030 it should have been a V2035 :rolleyes: :o
 
DailyGeek said:
There you go :p I have to check the warehouse guys at work for always giving out the wrong acers and fusis (sony too occasionally)
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Yeah easy mistake to make and it came direct from the factory so I guess with hundreds of identical boxes with tiny writing on the side mistakes are gonna happen.

I'm not in a real rush for it so as long as I get what I ordered in the end I'll be happy :)
 
lordrobs said:
Ok just want to get a quick over view of my rights in this situation.

I recently bought a laptop through work for work use which turned up today.

So like an excited school boy I open it up, register windows, play with it all day... then this evening when going to charge the battery for the third time I thought hang on I thought this was meant to have a 2.5 hour battery life.

So I dig around and find that I've been supplied with a lesser model that only has a 1 hour battery life and a 4:3 instead of a 16:9 display.

Now in using the product have I effectively accepted the product as is and therefore scuppered any chance of getting what I ordered? I'm not too fussed about the screen but the 1 hour battery life makes it pretty useless to me.

Thanks for any advice.
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I think you have 14 days to send it back for refund for no reason. After that you have to have a good reason to get it replaced/refunded.

Craig.
 
Well they emailed me back first thing this morning apologising and saying they will be in contact to arrange for a courier to swap it for the correct one.

I honestly thought I was in for a bit of a battle as I had already used it :o

*goes off to delete porn already downloaded on it* (jk :p )
 
Craig321 said:
I think you have 14 days to send it back for refund for no reason. After that you have to have a good reason to get it replaced/refunded.

Craig.
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Wrong on several counts, I'm afraid. The time period is seven days, but that's working days (i.e. excluding bank hold and weekends), but even then there are limitations. That right comes from the Distance Selling Regs and only applies to 'distance' sales. If this was ordered through work, exactly how it was ordered will determine if the DSR applies.

Also, nothing in the DSR excludes basic Sale of Goods Act (as amended) protections, including that goods are "as described". If totally the wrong goods are provided, the supplier is in breach of contract and the contract can be rescinded. The fact that it isn't what was ordered IS "good reason" to get it replaced or refunded.

However, whast might complicate things is the "ordered through work" thing. This may affect exactly who has a contract with whom, and only parties to a contract can take action on it, so Lordrobs might have to return it to work, who in turn take it up with the supplier, depending on who bought from who.
 
Just thought I'd do a little update.

Well I finally got a new laptop today... an Acer from a completely different place!!

My main reason for bringing this up is that if what I've been told is true then Fujitsu-Siemens have been a bit naughty.

After a couple of friendly phone calls to the company I ordered from they got one of there "direct distribution staff" to contact me, we had a chat as to what happened and she looked into it for me. A few hours later I got a call stating that the manufacturer was sending out the lesser (cheaper) model as an alternative to the one that I ordered. Mine wasn't an isolted case, basically everytime they received an order for a V2035 they sent out a V2030 without even informing the customer :eek:

Not the best customer service I've ever experienced :o luckily the company I bought from were very helpfull and picked it up and cancelled the invoice.

Are they legally entitled to do that though? Surely I should have been offered the cheaper alternative not just be given it with no money back or sweetener such as bundled software or accesories?
 
lordrobs said:
.....

Are they legally entitled to do that though? Surely I should have been offered the cheaper alternative not just be given it with no money back or sweetener such as bundled software or accesories?
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In my view, absolutely not.

You have a contract. They broke it. Simple as.

Imagine you're buying an Aston Martin. You have a contract to buy a DB9, but you get a Lada instead. Can they do that? Well, it might be an extreme example, but the principle is the same. You ordered goods of a defined specification, and inferior goods were supplied.

The DSR also requires that if the supplier proposes to provide substituted goods of equivalent quality, you MUST be notified of that possibility in advance of the contract being made. If you inspect their T&C's, it's quite possible that such a clause was in there. But in that event, they must also notify you that you may reject any such substitution and that the cost of collection will be at the suppliers expense, not yours.
 
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