Are emails legally binding?

Hackney1966

Hi

Can I ask some advice please.

We bought a laptop from a very well known large store July 2015, it works fine but when we have recently changed home insurance and wanted to log its serial number, model number etc and this is blank, not been rubbed off or anything, just has a blank plate on the back of the laptop.

We contacted the store concerned and they told us we would have go direct to the manufacturers and deal with them direct over this. My husband refuted this and said we bought it from you, our contract is with you.

They then emailed and said they would either offer us a replacement or a refund, we got another email to see item was out of stock, so we said we have a refund.

They asked me to phone them on Tuesday and after being on the phone for over an hour and ten minutes and speaking to 4 different people, 3 who said they would refund and the last one who said as the laptop is working fine they won't replace or refund. I then escalated it to a manager who after me going through the whole story said he would look at this issue personally and come back to me within 24 hours which they haven't as yet.

So is the original email they sent me saying they would replace or refund legally binding at all please?

Many thanks

Lee

neilmcl

"Legally binding" is a strong statement, evidence that they've said something and now changed their mind is probably more like it.

AFAIK there's no legal requirement for a serial no. to be printed on the laptop and doesn't detract from it's operation so legally you're not entitled to a remedy of any sort, not unless it was advertised as being on there.

naedanger

Hackney1966 wrote: »

Hi

Can I ask some advice please.

We bought a laptop from a very well known large store July 2015, it works fine but when we have recently changed home insurance and wanted to log its serial number, model number etc and this is blank, not been rubbed off or anything, just has a blank plate on the back of the laptop.

We contacted the store concerned and they told us we would have go direct to the manufacturers and deal with them direct over this. My husband refuted this and said we bought it from you, our contract is with you.

They then emailed and said they would either offer us a replacement or a refund, we got another email to see item was out of stock, so we said we have a refund.

They asked me to phone them on Tuesday and after being on the phone for over an hour and ten minutes and speaking to 4 different people, 3 who said they would refund and the last one who said as the laptop is working fine they won't replace or refund. I then escalated it to a manager who after me going through the whole story said he would look at this issue personally and come back to me within 24 hours which they haven't as yet.

So is the original email they sent me saying they would replace or refund legally binding at all please?

Many thanks

Lee

My understanding is as follows:

Whether they said they would replace or refund the item in an email, as opposed to a signed letter, is not relevant. In both cases what they said was not legally binding (e.g. the agreement did not form a contract which would be legally binding) and so they can change their mind.

However you entered a contract with them when you bought the item, and if they breached that contract (by selling you a laptop that was inherently faulty) then you do have a legal entitlement to a remedy. I am not sure the lack of a serial number would be regarded as making the laptop faulty. I suspect it wouldn't, but if it does then you are entitled to a repair, replacement or refund - the retailer can choose which.

Nevertheless hopefully the manager will offer to repair, or replace the laptop anyway. If not then perhaps you can get hold of the serial number in some other way - e.g. from your or the retailer's records. (Then keep your evidence of this exchange with the shop.)

neilmcl

OP, what make of laptop is it? The serial no. is likely stored on the bios somewhere and you may have an installed support assistant which will give you all the relevant system details.

forgotmyname

Serial number on the warranty card?

Hackney1966

Hi

Many thanks for all your replies.

To be honest all we actually originally asked for was the details that should have been on the plate, the store in turn just offered to refund or replace when they couldn't supply the details. I've just got annoyed with them for wasting my time and back tracking so much!

There are no details on the invoice or emails which we have been sent.

The laptop is a Toshiba Chromebook.

The last question is way over my knowledge base, I'm afraid!

Many thanks

Lee

bris

It's actually a bit of a tricky one this and would need a court to decide.


An Email is classed as a durable form so yes they are legally binding. A representative of a company can speak on behalf of said company to form or alter a contract.


Example would be a mobile prone rep phoning you because your contract is coming to an end. They can make a deal with you to end or alter your existing contract to upgrade you, effectively ending the existing contract and making a new one. This is relevant because it shows how employees can change and form contract on behalf of their employer that are legally binding on both parties.


Back to the case at hand, a rep wrote an Email stating they would replace or refund the laptop. This could be seen as legally binding however the consideration in this contract would be that the laptop is faulty, but not having a serial number doesn't make it faulty so the consideration in this contract hasn't been met and therefor no contract.


Or is there? Only a court could decide this one.

bod1467

If the device comes with a manufacturer's warranty (and was advertised as such) then that forms part of the contract. If a condition of the warranty is that the serial number must be provided, and the device doesn't have one, then technically the seller is in breach of contract.

Paully232000

Hackney1966 wrote: »

Hi

Can I ask some advice please.

We bought a laptop from a very well known large store July 2015, it works fine but when we have recently changed home insurance and wanted to log its serial number, model number etc and this is blank, not been rubbed off or anything, just has a blank plate on the back of the laptop.

We contacted the store concerned and they told us we would have go direct to the manufacturers and deal with them direct over this. My husband refuted this and said we bought it from you, our contract is with you.

They then emailed and said they would either offer us a replacement or a refund, we got another email to see item was out of stock, so we said we have a refund.

They asked me to phone them on Tuesday and after being on the phone for over an hour and ten minutes and speaking to 4 different people, 3 who said they would refund and the last one who said as the laptop is working fine they won't replace or refund. I then escalated it to a manager who after me going through the whole story said he would look at this issue personally and come back to me within 24 hours which they haven't as yet.

So is the original email they sent me saying they would replace or refund legally binding at all please?

Many thanks

Lee

https://www.youtube.com/watch?v=HSzB7qygSFA

this worked for my laptop, to give me the serial number of my toshiba one.

http://www.atbatt.com/laptop-batteries/finding-model

this website tells you how to find your model number.

Ectophile

Do you still have the box the laptop came in? The serial number is most likely printed on a sticker on the outside of the box.