I brought a laptop online but didnt recieve the battery

earthstorm

jacques_chirac wrote: »

The pre installed software was already 'unsealed' - the customer did not do that.

but if the OP registered the software then its the same as unsealing the software as the licence has been activated in the users name. who says the OP does not have another PC/Laptop that needs a licenced OS, so he has got one off this LT, so installs a copy on hos other LT/PC and used the licence from the Very LT as he has the software licenced in his name. This is why software is excluded from warranties/DSR etc. the retailer has no way of knowing if the buyer has the software installed elsewhere

unholyangel

Mergic wrote: »

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.

I think you'll find consumers are only liable for return costs IF they were informed they would be prior to the conclusion of the contract. If they weren't given this information then the retailer is liable for the costs involved and the consumers only responsibility is to take reasonable care and make them available for collection.

agrinnall wrote: »

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.

Even using items doesn't take away your right to cancel. The right to cancel (where it exists) is unconditional.

However, it does mean the company can chase consumers for the diminished value of the goods if they failed to take reasonable care (not if they fail to return it as new....no diminished value = they've lost nothing). And when the changes to the DSRs come into effect (very soon if memory serves) they will be allowed to make a deduction from the refund to account for diminished value.

They can specify what they feel is reasonable care but if it impedes a consumers ability to properly assess whether an item conforms to contract or not....it would be an "unfair" term as it attempts to restrict statutory rights.

And imo....you cant assess a laptop without turning it on. Its just not possible.



As for the hardware/software issue.....practically anything electronic nowadays has software. Are TV's exempt from the DSRs? No. Why? Because despite them containing software, it wasn't unsealed by the consumer.

tomwakefield

I'd go down the SOGA route, then Very are responsible for any return costs, regardless of any T&C.

After all, one of the key selling points of a laptop over a desktop is portability. Without a battery, you lose this major functionality.

frugal_mike

Very are responsible for the return costs under the DSR's also because OP has the right to reject the goods. The consumer can only be liable for return costs if they have no right to reject the goods.

StudentCaptain

OK i am begining to relise now that Very is abit of a cowboy outfit. They have still yet to collect my item, despite emailinig them every day for the last 5days.

As for the response they chap on here gave about how can a laptop work without a battery, you got to be kidding me right?

As most have mentioned i am still legally entitled to a refund.

And whilst the Very rep is here, can he please explain why the laptop was sent out without a battery? And why there staff have told me to go to a local shop and purchase one myself?

StudentCaptain

Very are not collecting my latop, despite telling they would, its been over a week now, on several occasions they have said they would pick it up the next day, but never have.

What are my options now? legal proceedings?

jacques_chirac

StudentCaptain wrote: »

Very are not collecting my latop, despite telling they would, its been over a week now, on several occasions they have said they would pick it up the next day, but never have.

What are my options now? legal proceedings?

They're not using Yodel are they? This happens a lot. Call them again and ask them to arrange a more reliable courier, or ask if you can drop it at a Collect+ point (make sure you get a receipt) - that would probably be your quickest option.

Pippin12

Very.co.uk_company_representative wrote: »

Hi StudentCaptain,

We're sorry to hear you've had problems with returning this item however your opening post is confusing.

If the laptop arrived with no battery we would have been able to arrange a return as soon as you called to notify us and wouldn't expect anybody to try and use any product if it was missing such a key component. The fact that you state this has been used and you have stated you are unhappy with the quality a few times on here is confusing as we're unaware how any laptop could be used without a battery. If you could let us know the make and model though we can check this for you.

However; if this has been turned on and used it will be exempt from our returns policy (as will have been advised at point of order) and also distance selling regulations as outlined in the paragraph below:

Exceptions to the right to cancel
Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:
for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);
for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier;
for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);
for the supply of audio or video recordings or computer software which were unsealed by the consumer;
for the supply of newspapers, periodicals or magazines; or
for gaming, betting or lottery services.

If you would like us to look into this issue further for you please drop us an email to [EMAIL="Network@VeryHQ.co.uk"]Network@VeryHQ.co.uk[/EMAIL] along with your account and order details so we can advise further.

Many Thanks

Chris

Very Representative

Shocking customer service from Very. Just shocking.

Smithers37

This thread is a brat fest'.

Either send the laptop back - or ask for the battery to be sent out, it's no big deal.

The Very representative gave a clear and adequate response, yet it was received with undue hostility. And for goodness sake, SOME laptops will not work without the battery (it depends on the charge circuit), the rep said he would look in to it!

whitelabel

Smithers37 wrote: »

This thread is a brat fest'.

Either send the laptop back - or ask for the battery to be sent out, it's no big deal.

The Very representative gave a clear and adequate response, yet it was received with undue hostility. And for goodness sake, SOME laptops will not work without the battery (it depends on the charge circuit), the rep said he would look in to it!

While some may not, MOST will. Yet the CS stated " The fact that you state this has been used and you have stated you are unhappy with the quality a few times on here is confusing as we're unaware how any laptop could be used without a battery. "


And also ommited details from dsr that do allow customers to open and inspect items