Dell sold me a refurbished laptop as new

bluebird_36

On May 20 I bought a brand new XPS 15 laptop on the official Dell UK store online. I paid with a debit card and paid extra for premium support and two years of warranty.

A couple of days ago (after one month of light usage) the laptop had a major failure and according to Dell the solution was to replace the motherboard. A technician came today and in no uncertain terms he assured me that this was not a new laptop, but a refurbished one with a lot of damage and pretty badly assembled. The technician considered not worth repairing.

Some of the issues the laptop has: 

- the motherboard shorcutted in two places

- 5 screws missing from the battery and keyboard 

- Major rip in the back of the keyboard 

- Missing protective thermal sheet from keyboard and from trackpad 

- Slit in the battery

- 3 screws in the keyboard with damaged threads and just hanging loose 

- Lots of misplaced cables and pieces of tape

 It's essentially like they took parts from old beaten up laptops, put it in a new case and tried to sell it as new. 

When talking to costumer support they tried to blame me for ir, saying that it was "very unlikely" that Dell would ship a refurbished laptop as new, and that this amount of damage can only be explained by "user error". However, when the field technician talked to them he assured them there was no way an user could have done this amount of damage, especially since there were many pieces missing. All they could offer was to "repair" this unit, probably in the same place it already came from.

I escalated the case and got a call from the manager, who now started an investigation because they cannot possibly believe this was Dell's fault. 

 At this point, I don't even want a replacement anymore, I have lost all trust in the brand and all I want is my money back. Do I have the right to ask for a full refund or do I have to accept a replacement if that's what they offer? If all I can ask for is a replacement, does Dell has the right to send me another refurbished laptop? (I have read vendors have the right to replace new faulty units with refurbished ones)

Many thanks in advance.

pinkshoes

In the first 30 days, you can reject it for a full refund if it becomes faulty.

So, when you say you have had it a month, when did you receive it and when did you report it faulty? (Exact dates).

If you reported it faulty within 30 days of receiving it that’s fine and it can be rejected. If it is over this, then they can replace it.

bluebird_36

@pinkshoes I have had it for a month and 15 days. However the return policy of Dell was originallyo 14 days.
They are currently refusing to even send a replacement, just to repair this already refurbished unit. What can I do if they continue to refuse? And can they replace this unit with another refurbished one? Thanks!

pinkshoes

@bluebird_36 if a product is faulty within 30 days you can reject it for a refund. Consumer Rights Act 2015.

As yours is just over this then you need to give them an opportunity to repair, replace or refund at their choice. If it fails again you can then reject it.

Did the technician put it writing that it was a refurb? 

I would push for a replacement as clearly you did not get what you paid for.

bluebird_36

@pinkshoes Yes, the technician wrote on the report "repair not carried out due to the system showing signs of being refurbished". He also talked to Dell tech support on the phone during the visit and explained to them that this laptop had been clearly worked on and reassembled (and poorly so) with used parts. Dell is still saying that this is "highly unlikely" to be their fault and only offering to take away the laptop for another "repair" for who knows how long.

DoaM

LBA/LBC then a court claim if necessary is your ultimate choice of recourse.

As Dell's appointed engineer has stated that the goods were not new but refurbished then the goods at point of sale did not match their description, hence they did not conform to contract. As such (assuming the 30 days does not apply*) then IMHO you are entitled to either a full refund or a replacement with a new machine of the same specification ... a 45 day old replacement or a repair would not be acceptable remedies to me as the goods never conformed in the first place.

* You said a month and 15 days ... was that how long you'd had it before you reported the fault to Dell? The key timeline is:

a. Date of purchase?
b. Date of informing Dell of the fault?

If the difference is >30 days then my previous comments apply .. if it is up to 30 days then you could still exercise your Short Term Right To Reject for a full refund.

bluebird_36

Thanks @DoaM, I'll look into issuing an LBA. The difference is indeed longer than 30 days.
The problem with accepting a replacement as I see it is that I've been told they have the right to send me another refurbished machine as an acceptable replacement for this one, hence I will never get what I paid for. I'm currently trying to fight for a refund, even though Dell is not willing to issue neither a refund or a replacement.

pinkshoes

I agree with sending a LBA and asking for a full refund as it has come to light you were sent a refurbished laptop, not a new one as per your contract with them.

Keep to the facts and mention and enclose a copy of the engineer's report. 

Give them a reasonable time frame which to refund you (say 14 days). You might have to accept a new laptop instead as it has been over 30 days.

Jumblebumble

I can only offer some observations based on personal experience which may or may not be relevant.
I have never come across this happening in 20 years of buying hundreds of  Dell Laptops. I have never heard of anyone else reporting this 
Dells service is carried out by a third party company which complicates things a little
Dell run their own outlet store  on line and they also sell a lot of outlet items to trade resellers ( including brand new factory boxed  when they change models and cancelled orders but also graded refurbs
I am astonished to hear that a refurbished laptop came off the normal retail/business  website. 
I am astonished to hear that Dell are selling anything outlet or otherwise that has not been professionally repaired.
It seems that this might be a return that has been messed with by a third party and then returned with undetected tampered seals under distance selling.
As part of your small claims court you should ask Dell for evidence of the sales and repair history

bluebird_36

Thank you all for your help. Finally, after making some posts on social media that gained some traction, and telling them I was looking to issue an LBA since they had not fulfilled their part of the contract, Dell called me back saying I won't need to wait for the results of the internal investigation they're doing on how this happened. They're collecting the unit and issuing a full refund. They also offered a replacement, but obviously now I feel I'd have no guarantee that it would be a brand new computer. Thanks everyone for your input and advice!