Who’s responsible?

purple_duck

I’m after a bit of consumer advise please. My husband purchased me a refurbished MacBook from Groupon which was then supplied through a third party. The MacBook worked initially but is now locked with a firmware password I don’t have. I have contacted Groupon on several occasions, they keep referring me back to the third party (who don’t trade under the same name anymore and don’t answer the phone or respond to emails). I have been battling this issue now for two months. Do I have any comeback with Groupon as they are the ones I paid?‬
Thank you for any advise, stay safe and happy Easter.

DoaM

Check exactly what you(r husband) paid Groupon for .. was it for the MacBook or was it for Groupon vouchers with which to purchase the MacBook? This is important, as if the purchase was for vouchers then you (probably) have no comeback against Groupon.

eddddy

Your husband needs to check the order documents to see who his contract is with.

A quick look at their website suggests that there are a number of possibilities.

For example, if your husband bought from "Groupon Goods", you probably need to persue Groupon Goods...

1.1. The parties to this contract: These Terms of Sale ("Terms of Sale") are an agreement between you, the customer (referred to herein as "you" or "your") and Groupon Goods Global GmbH (referred to herein as "Groupon Goods", "we", "us" or "our").

Link:  https://www.groupon.co.uk/legal/termsofsalegoods

But if your husband bought a "Third Party Inventory Reservation", he probably needs to track down the third party and persue them...

1.5 The Merchant is a third party unrelated to Groupon that sells, supplies and/or provides the Merchant Offering. The contract for the supply and purchase of the Merchant Offering will be between you and the Merchant you purchase the Reservation for and Groupon will conclude the contract on behalf of, and as agent for, the Merchant in all cases.  Groupon does not sell, supply and/or provide the Merchant Offering. It only sells the Reservation. 

Link: https://www.groupon.co.uk/legal/termsofsale3pip

Or if your husband paid by credit card / debit card, he could ask his bank to do a chargeback for "Defective Merchandise" or "Not as Described/Defective".

Or failing that, if your husband paid by credit card, he could make a section 75 claim for "Breach of Contract - goods not fit for purpose".  (But that may not work if the contract was with the 3rd party, but your husband paid Groupon.)

purple_duck

Thank you both for your replies. It looks like it was supplied by Groupon. I have also looked at their description of refurbished and it states “......without sacrificing any of the functionality”.
As far as payment I believe we paid via PayPal but will have to check back to be sure - do you think they would be able to offer any support?

Aylesbury_Duck

Those terms state "your voucher", which isn't promising.  It suggests you bought a Groupon voucher with which Groupon then paid a third party for the Macbook.  

purple_duck

Awww that’s annoying. If we did purchase it using my husband's credit card how long do we have with regards to claiming a chargeback or a section 75 claim. We made the purchase in July 2018?

eddddy

purple_duck said:

Awww that’s annoying. If we did purchase it using my husband's credit card how long do we have with regards to claiming a chargeback or a section 75 claim. We made the purchase in July 2018?

The chargeback time limit is 120 days - so that's no good.

For section 75 claims, you have to have paid the supplier directly. It sounds like you paid either paypal or Groupon, so that probably won't work either.

Aylesbury_Duck

Do check the exact status of your order, that was only my interpretation of what you posted.

July 2018?  That's nearly two years ago so your consumer rights are minimal no matter who you technically bought it from.  You'd have to prove the fault was inherent, which is unlikely if it's worked perfectly for nearly two years.  That leaves warranty as a potential avenue, if there was a warranty supplied and if you did what was necessary to activate that warranty.

In all honesty, after this long I think you're going to have to write it off as lost if you can't get some technical help from somewhere to get past the firmware lock.

born_again

No S75 as you bought a voucher. Clearly stated in the Fine Print.

If you google "MacBook firmware password" there are ways to reset it.

DoaM

Aylesbury_Duck said:

Those terms state "your voucher", which isn't promising.  It suggests you bought a Groupon voucher with which Groupon then paid a third party for the Macbook.  

That's exactly my interpretation too.

purple_duck

Aylesbury_Duck said:

Do check the exact status of your order, that was only my interpretation of what you posted.

July 2018?  That's nearly two years ago so your consumer rights are minimal no matter who you technically bought it from.  You'd have to prove the fault was inherent, which is unlikely if it's worked perfectly for nearly two years.  That leaves warranty as a potential avenue, if there was a warranty supplied and if you did what was necessary to activate that warranty.

In all honesty, after this long I think you're going to have to write it off as lost if you can't get some technical help from somewhere to get past the firmware lock.

Aww I will be absolutely gutted as it is a perfectly fine machine, it has only just come to light it has this additional level of security installed as I had forgotten my used login.
If we can’t get a resolution I’m not going to be able afford a replacement, I’ve certainly learnt a lesson never to buy a second hand Mac.