I brought a laptop online but didnt recieve the battery

Mergic

As others have said, you should be able to return the goods under DSR. With regard to them saying you've used it, "

The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods".

DSR do require you to take reasonable care of the goods, to pack them well and pay for return postage. But as they failed to supply a battery (which you would expect for a laptop, unless clearly stated otherwise) then the product was 'not as described', 'fit for purpose' or 'of reasonable quality', so you are entitled to a full refund under the Sale Of Goods Act (1979). Under The Sale of Goods Act they are required to pay for the cost of safely returning the goods or to arrange collection.

StudentCaptain

thanks for your responses guys, the reason i was thinking of sending out a legal letter is because they have been uncompromising in their responses.

they do not dispute that they didn't pack in a battery, instead they apolgise for the inconvenience and suggest i buy one from a local shop.

wealdroam

StudentCaptain wrote: »

they do not dispute that they didn't pack in a battery, instead they apolgise for the inconvenience and suggest i buy one from a local shop.

Did they also suggest that you send them the bill for that purchase?

Maybe you could put that idea to them, as a way of resolving the issue quickly.

StudentCaptain

to be honest i do not like this company, wish i had done my homework better, and i would rather just a full refund and a clean break from them

agrinnall

If they do try to wriggle out of DSR on the basis that you used the laptop (presumably connected to the mains) then you still have the option to reject using SOGA as unfit for purpose as it can't be used away from the mains connection.

Jakg

There is no way they meant to tell you to get a laptop battery from a shop - someones obviously just not read your email properly and assumed it was something like an RC car that takes AA batteries.

Of course, threatening with legal proceedings isn't going to get this sorted out very fast...

ILW

I would suspect there is some sort of misunderstanding going on here.
What is the make and type of laptop?

CoolHotCold

It's usually a bad idea to threaten with legal proceedings straight away.


Some companies will instead of following their customer service process, will simply pass the email onto the legal department which slows everything right down.




So yes, use legal threats and follow through if you don't follow the law, but you have to give them a reasonable time to do so. And for DSR, they can take up to 30 days to refund the money once informed.

StudentCaptain

i have received a response from them this morning, they have agreed to arrange a date for collection so they can "inspect" the item.

I fear they will try to get out of this somehow, maybe give me laptop with battery this time. But as others have stated i do not have to accept this? and i should legally still be able to get full refund

Jakg

Do you want the laptop, or are you looking for a way out of it and getting a refund?