Bought a new laptop that turned out to be an ex display model

dreamypuma

Arg wrote: »

What if it wasn't a mistake and they've just been caught out,that's why he should be compensated and the shop be encouraged to be more honest.

Surely the OP had an opportunity to check the item when buying this. if they noticed something odd, like the packaging being open or tampered with why did they not investigate the matter further?

By the OPs own admission this was a high value purchase for them. So surely they have responsibility to themselves to check the good before leaving store or completing the transaction.

I've asked for the packaging to be opened on consoles and cameras and various items in store, just to check from completeness of the item. I've never had an issue from any store when requesting this.

arcon5

Arg wrote: »

What if it wasn't a mistake and they've just been caught out,that's why he should be compensated and the shop be encouraged to be more honest.

If these kind of praces are infact quite common then they should be investigated by TS to stop it.

What good is compensating the customer going to do? Open up the flood gates to false claims. Especially considering the customer has not been significantly inconvenienced nor suffered any losses.

binary-tim

Hi Guys

The box was open when i went to collect the laptop, the sales person said it had only be opened to show another customer but it had never been switched on or used. I specifically asked if this was an ex display or returned item or if it had been used in any way to which i was told no it was brand new and had simply been removed from the box by a member of staff for another customer to look at. I had travelled quite far to pick it up so didn't want to return empty handed and spcifically they had assured me it was new.

It was either a really big mistake or they were trying to sell the ex display laptop as brand new and were being deceitful.

As i see it they broken the sale of goods act so i can have an exchange possibly refund, if they refused i would have taken them to court.
They have also broken the trades descriptions act, either accidentally or on purpose that is a criminal offence to which they could be fined/imprisoned you can also issue a civil case where by damages/compensation can be sought.

I'm not 100% sure about the above but that's what i have concluded after reading lots of stuff on the internet. Must be true ;-)

I guess i originally posted on the vague off chance that there may be a law wiz here that would be able to give me a strong sounding paragraph to go in front of the one where I ask for a good will gesture.

thanks for all your opinions/advice

Enfieldian

Damages for what?

Compensation for what?

Maybe a small gift for having to travel back to the shop but that is about it and totally up to the shop themselves, you have no claim to anything other than the replacement that has been offered.

arcon5

Trades Descriptions Act 1968:

Carriees strict liability, unless they can prove a defence:

The Trade Description Act 1968 provides a trader with a number of potential defences, (1) that the
commission of an offence was due to a mistake, or (2) that it was on the reliance on information
supplied to him/ her, or (3) the act or default of another person,

Sales of Goods Act 1979

You can reject the product and claim a full refund as part of SOGA

For both breaches they have offered a remedy.

You have no losses.


It's all well and good having these legal rights and knowing they have breached it, but realistically how do you plan on enforcing them? Or what losses do you plan on claiming under trades description which carries 'strict liability'?


What kind of distress has this caused to justify any other form of compensation?


If you go in there saying I know you have breached this and that whats going to happen? People don't like being backed into a corner, they will dig their feet in and refuse anything.

You're more likely to get something if you get in, politely and friendly explain how you feel a little letdown and mislead and would like to cheekily ask for a goodwill gesture they are more likely to play ball.


Too many people are far too unrealistic in their expectations. Not only that but fail to understand how human beings work. Your more likely to get what you want if you treat people decently. You shouldn't even quote your rights ect until necessary.

binary-tim

Im only after a small gift or discount.

but if i use the right words when mentioning SOGA and TDA it could be a lot more effective.

whilst there is every chance this was a mix up there is still every chance that it was premeditated and they have been unluckily caught out.

binary-tim

can you get away with breaking the speed limit by claiming it was a mistake ;-)

thanks arcon5

Flyboy152

arcon5 wrote: »

Report them to Trading Standards.

There are people out there that have lost hundreds or even tens of thousands of pounds and you want them to waste their time dealing with a store who have rectified their wrong doing without argument. I'm sure nobody is condoning their actions, but you have to be realistic.

The thing is though, this may not be an isolated occurrence and without consumers reporting it, how would Trading Standards know that it is widespread?

I very much doubt that it was a genuine mistake and the salesman was under pressure to make a sale. Sealed items are not opened willy-nilly, just to show customers what is inside the box. I am pretty sure there are contractual agreements in place with the wholesalers/manufacturers about breaking seals prior to sale.

Esqui

Flyboy152 wrote: »

I very much doubt that it was a genuine mistake and the salesman was under pressure to make a sale. Sealed items are not opened willy-nilly, just to show customers what is inside the box. I am pretty sure there are contractual agreements in place with the wholesalers/manufacturers about breaking seals prior to sale.

Sometimes they can be done by mistake. A few weeks ago, I opened up a box for a laptop to go on display, but as I was about to put it out, I realised there was already one of them out (I blame Samsung for having the same laptop with two model numbers!!). The box was opened, and the laptop had been unwrapped for all of about 2 minutes. Things like this can happen.

arcon5

binary-tim wrote: »

can you get away with breaking the speed limit by claiming it was a mistake ;-)

thanks arcon5

Well i'm sure breaking the road traffic act isn't the same as misdescribing a laptop. For a start speeding carries many dangers in itself.

But saying that... isn't there a course offered to many first time offenders whereby they can go learn about road safety and avoid 3 penalty points on their license? Which I suppose you could consider to be classing as 'getting away with'