Wrong laptop sent in November from Very

Charliel

Hi, I bought a lenovo laptop in late November from Very, up until a month ago everything seemed fine until my laptop got full which was a shock as I was supposed to be sent a 1tb laptop and actually had a 250gb one. Not only this the nvidia processed was 860m rather than 960.

Having made a complaint about this they say I have only 30 days to make a return which seems a bit of a joke for a problem that isn't clear to see straight away.

The worst part of this is that they knew they sent me the wrong laptop because they changed the details on the site to what I was actually sent, surely dishonesty from a company is something I can use to help me?

Any help much appreciated.

robatwork

It's not dishonesty it's a mistake.

But you really should have noticed this before now - I think it's a bit late to return for replacement.

What does your invoice say regarding model numbers, precisely?

GreatBeyond

Do you have any confirmation that you actually ordered the higher spec machine or did they notify you of the changes made to your order?

Charliel

My original email says 1tb and 960 graphics, thats the order confirmation.

Spank

You've had it for 6 month's so have deemed to accepted it.
I can understand not noticing the gfx card, nut how did you not see the HDD was a 1/4 of the size?
Is the HDD mechanical or ssd? If so the value would be similar.

unholyangel

Even where consumers have legally accepted goods, the retailer remains liable to provide a remedy if subsequently found to not conform to contract.

From (the new) unfair terms guidance:

 Terms which end rights to redress 30 days after delivery of the goods.
Even where the consumer has lost the short-term right to reject
defective goods, the trader remains legally obliged to provide other
redress if the goods subsequently prove to have been defective when
sold.

Found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf

bris

unholyangel wrote: »

Even where consumers have legally accepted goods, the retailer remains liable to provide a remedy if subsequently found to not conform to contract.

From (the new) unfair terms guidance:


Found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf

The goods aren't defective though are they. The question is whether the OP has accepted the change in the contract and after 6 months it would be hard to say they haven't.

shaun_from_Africa

bris wrote: »

The goods aren't defective though are they.

Well, according to the CRA, the laptop certainly needs a repair to bring it up to the correct specification that was ordered and paid for so this bit of legislation would class it as defective.

(8)In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.

There is also the "Goods to be of satisfactory quality" of the act to consider.

(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
(a) any description of the goods,

The laptop doesn't match the description given, therefore it is not of satisfactory quality, hence a repair or replacement can be requested.

bris wrote: »

The question is whether the OP has accepted the change in the contract and after 6 months it would be hard to say they haven't.

How can someone accept a change in any contract if they haven't been informed in clear terms (which is what the law requires) about that change?

pinkshoes

robatwork wrote: »

It's not dishonesty it's a mistake.

But you really should have noticed this before now - I think it's a bit late to return for replacement.

What does your invoice say regarding model numbers, precisely?

I would argue that someone buying a laptop from VERY rather than a computer specialist might not be the sort of person that would notice something like this until space ran out too quickly! It is not something people would necessarily check!

As it has now come to light that you do NOT have the model you paid for, I would start by contacting them and see what they say.

What is the difference in price for the models?

What do you want as a solution? A partial refund? A swap?

unholyangel

bris wrote: »

The goods aren't defective though are they. The question is whether the OP has accepted the change in the contract and after 6 months it would be hard to say they haven't.

Well I did only quote one part because I figured most people here would realise that no consumer legislation uses the term faulty - just "if the goods do not conform to contract". If you like I can quote the other 37 provisions that also apply from under various sections - such as:

5.4.1 Any business selling goods or digital content to consumers is legally bound
to accept certain obligations. These are the consumer’s ‘statutory rights’.
Key statutory rights are that goods and digital content (which is ‘paid for
either directly or indirectly’)
must match the description given to them, and
be of satisfactory quality and fit for their purposes. Contract terms which
deny consumers the right to their full legal remedies where goods or digital
content are misdescribed or defective are blacklisted for that purpose in all
cases under Part 1 of the Act, as well as liable to be considered unfair
under Part 2 of the Act.

Charliel

Thanks all, i contacted them via email and they said about the 30 days having passed. I just think it's mostly wrong that they realised they made a mistake on their site listing and changed that without letting customers who bought that product know.