Sold a Refurbished product as new (1 year ago). What are my rights

claw

I was sold a laptop by an fairly well established e-tailer. It has since had things go wrong.

I then tried to send the laptop back to the manufacturer (Asus), but they said that the manufacturers warranty expired before I even purchased the laptop.

Also, they said that even if the warranty had not expired it would not be valid because as far as Asus were concerned this laptop was refurbished.

I bought this laptop as a new laptop not refurbished, nowhere in the desciption did it say refurbished or that the manufacturers warranty expired. Asus said that the laptop was originally purchased from Carphone Warehouse (not the place I bought the laptop). I have sent the e-tailer three emails over the last 3 weeks and have not had a response. I called on Friday, they said they would speak to the manager and call back. They haven't!

My question is what rights do I have? When I first contacted them it was within one year of purchase, however, now i is over the 1 year. Surely this won't matter as in my opinion the main part of this is that Asus are saying it is a refurbished product and it was not sold as refurbished. Can I claim a refund this far from purchase date (1 year and 1 month). If I had known it was refurbished I may have been able to shop around and get it even cheaper. I have the invoice as the only proof. Whilst it does not explicitly state the laptop is new it doesn't say refurbished and surely you would expect products to be new if bought from a shop or to say otherwise if not.

Even if they say they will fix the few small problems with the laptop, can I still get a refund as it isn't the product described at purchase.

One final point, when the laptop was received the seal looked as though it had been restuck. We called the company and they assured us it was a New laptop and not a return (obviously have no hard proof of this now).

Any help/advice much appreciated.

wealdroam

The manufacturer do not need to do anything for you.
It is out of warranty... for whatever reason.

You need to resolve the issues with the retailer.
Firstly, they need to explain why were you sold a refurb unit.
Secondly, you need to approach them to fix the current fault.
You may need the prove that the fault is inherent.

Have you read MSE's Consumer Rights guide?

claw

Thanks for the quick response. I understand the position of the manufacturer and have no problem with there stance.

So in your opinion I will need to prove the fault is inherant even though I was mis-sold the product in the first place?

somethingcorporate

Name and shame!

claw

the company in question is www. aria.co.uk

Any ideas what my rights are with it being a year since purchase. I couldn't have found out it was refurbished until now though.

Will update when Aria respond

bod1467

Hmm. That's 2 bad news posts about Aria in as many months.

https://forums.moneysavingexpert.com/discussion/3520213

Has something gone wrong with them? They used to be good.

CoolHotCold

Ahh yes, the internet, where all views are equal

People RARELY say anything when everything goes to plan and no problems are had, hell most people don't even post anything when they receive outstanding service, but WOE BETIDE those retailers who post something out and royal mail steps on their cats tail, those retailers are in for a hastily typed out internet post blaming them.

whitelabel

contact Aria (as in Aria taheri the owner of the company) and he ll sort it im sure.
twitter.com/ariataheri or aria@aria.co.uk

bod1467

CoolHotCold wrote: »

Ahh yes, the internet, where all views are equal

People RARELY say anything when everything goes to plan and no problems are had, hell most people don't even post anything when they receive outstanding service, but WOE BETIDE those retailers who post something out and royal mail steps on their cats tail, those retailers are in for a hastily typed out internet post blaming them.

True. But these recent posts have been much more significant than your flippant summary.

CoolHotCold

2 posts, two months?

I do suppose regardless of the amount of complaints on boards its how the companies deal with the issue that matters.

That said, Asus could be in the wrong and is pulling a fast one.

Leo2020

Even though it has been mis-sold (assuming Asus are correct) you would only be entitled to a partial refund as you have had some use out of the product.

I don't know how Asus register their products, if it is based on the customer filling in a form and entering a serial number then it could be that someone entered the incorrect serial number (your laptop's serial number) and that why Asus say the warranty has run out.