HELP! Bought a laptop from VERY, misleading information and they won't let me return! what can I do?

littlesimsxo

Hello!

Long story short, I bought a brand new gaming laptop from very 2 days ago - it arrived yesterday.. Obviously I was very excited, so I opened the box, switched it on and after about 5 minutes I disappointingly realised that this is not the laptop I ordered which they are advertising on their website.

Basically, the laptop I bought comes in two models - One with an orange backlit keyboard and a 'G' key for gaming technology and one which has a white keyboard and no 'G' key. Now, this all sounds very petty and minimal but I specifically went with VERY because they were advertising the version with the orange backlit keyboard and G key - even to the point where they had all the photos of said laptop AND included the description of the 'Game shift technology' as a key highlight. So when this different model arrived, I was obviously a little disheartened. 

Now, here is where it gets tricky - I spoke to a VERY customer advisor who basically asked me to ensure I turn the laptop on to definitely see if the keyboard is orange or white, I had already done this which is how I soon realised this wasn't the laptop that they are advertising.

Obviously I understand the policy with not returning laptops that have been switched on, but what about if they are selling products that are not the item they are advertising online, as this is surely fraudulent and false advertising? Where do I stand on this - I wish I had never turned the computer on at all now, but I was just too excited and got caught up in the moment without checking the model first. 

I have checked the GOV website and it does say I am within my rights to get a refund on false/misleading information especially as it was classed as distance selling. But at this point, VERY are refusing to accept that this is their responsibility despite their involvement in the false advertising (of which they still have this on their website despite telling them it's the wrong photos and product description). 

I'm just at a loss here as I'm now stuck with a laptop that I essentially didn't want AND on top of all this, the laptop now keeps telling me the power adapter is wrong too. I am very confused on where I stand as they have forwarded me to the complaints team, but they don't seem to be admitting that this is their mistake either. I just want to return the laptop and go elsewhere and purchase one that I actually do want (specification wise). 

Can anybody shed any light as to where I stand with this please? I know it sounds petty but this just isn't the laptop I thought I would be receiving and they aren't the cheapest either. 

Thanks!! 

the_lunatic_is_in_my_head

Very are incorrect if they are advising you can't return.

You need to specifically advise you are rejecting the goods are they do not conform to the contract as the they do not match the description.

Have a Google of ceoemail and search that site for Very, they should have an email for a higher level of customer facing staff. 

As an aside you could still return if you had simply changed your mind and cancelled your contract. If they have their own policy they can refuse returns on certain items but this is in addition to your rights rather than in place off. 

Ath_Wat

What are they actually saying?    

littlesimsxo

the_lunatic_is_in_my_head said:

Very are incorrect if they are advising you can't return.

You need to specifically advise you are rejecting the goods are they do not conform to the contract as the they do not match the description.

Have a Google of ceoemail and search that site for Very, they should have an email for a higher level of customer facing staff. 

As an aside you could still return if you had simply changed your mind and cancelled your contract. If they have their own policy they can refuse returns on certain items but this is in addition to your rights rather than in place off. 

They have told me it's out of their hands now and I must wait 72 hours for the financial services/complaints department to get in touch with me to provide a satisfactory outcome - no idea what this means but I really don't think they will budge on the returns. They originally told me I could only return if it was faulty or unused. Today they told me if it is faulty (the battery pack issue which has arisen today), then I can no longer return to them and must get in touch with DELL. 

I was under the impression I could return too but I think VERY have a strange policy, I should have known better through all the reviews. 

Thank you for your help!! I will do some googling now  

littlesimsxo

Ath_Wat said:

What are they actually saying?    

They are just outright saying that I cannot return due to me opening the laptop and turning it on as it doesn't comply with their home approval guarantee. Despite me telling them that they are advertising a different model on their website. 

They said they think they have accidentally used an older models photos which they no longer sell so need to speak to the buyers but that was it - they haven't altered the photos online nor have they taken out the description of the specific G key either (I have screenshots of the item I thought I was purchasing just in case they do change now). I repeatedly told them it is misleading and I am within my rights to return due to misleading information but they are refusing to budge. I have spoken to 3 different people now and they all tell me I have to wait for the complaints department to be in touch but I am worried it will run over any legal returns time period now. 

the last person I spoke to said 'we are sorry you feel frustrated because we may have inadvertently sent a different product' (something along those lines). But now I just wait, however, I really don't think I will get anywhere. I even quoted the Consumer Protection from the Unfair Trading Regulations 2008 in regards to it being illegal to refuse returns on misdescribed goods and I got nothing - they are telling me it doesn't conform due to 'cosmetic differences'...

the_lunatic_is_in_my_head

littlesimsxo said:

the_lunatic_is_in_my_head said:

Very are incorrect if they are advising you can't return.

You need to specifically advise you are rejecting the goods are they do not conform to the contract as the they do not match the description.

Have a Google of ceoemail and search that site for Very, they should have an email for a higher level of customer facing staff. 

As an aside you could still return if you had simply changed your mind and cancelled your contract. If they have their own policy they can refuse returns on certain items but this is in addition to your rights rather than in place off. 

They have told me it's out of their hands now and I must wait 72 hours for the financial services/complaints department to get in touch with me to provide a satisfactory outcome - no idea what this means but I really don't think they will budge on the returns. They originally told me I could only return if it was faulty or unused. Today they told me if it is faulty (the battery pack issue which has arisen today), then I can no longer return to them and must get in touch with DELL. 

I was under the impression I could return too but I think VERY have a strange policy, I should have known better through all the reviews. 

Thank you for your help!! I will do some googling now  

OP ignore all the waffle from Very

Keep it nice and simple, they advertised laptop model A but sent you laptop model B.

Check the ceoemail site, pop an email over with the wording above and if they reply with more waffle ask them for the address to serve papers for the small claims process. 

If they give you an address then send them a letter before action (templates on Google). My bet is they fold long before this when someone who isn't programmed with the company script gets your complaint. 

Forget the charger issue as it's messy (even if it was relevant they can't force you to deal with Dell nor refuse your short term right to reject), wrong model is clear cut and they have no defence, stick with this and this only   

PS nab some screenshots of the incorrect product info (right now) before they update the product page.

littlesimsxo

the_lunatic_is_in_my_head said:

littlesimsxo said:

the_lunatic_is_in_my_head said:

Very are incorrect if they are advising you can't return.

You need to specifically advise you are rejecting the goods are they do not conform to the contract as the they do not match the description.

Have a Google of ceoemail and search that site for Very, they should have an email for a higher level of customer facing staff. 

As an aside you could still return if you had simply changed your mind and cancelled your contract. If they have their own policy they can refuse returns on certain items but this is in addition to your rights rather than in place off. 

They have told me it's out of their hands now and I must wait 72 hours for the financial services/complaints department to get in touch with me to provide a satisfactory outcome - no idea what this means but I really don't think they will budge on the returns. They originally told me I could only return if it was faulty or unused. Today they told me if it is faulty (the battery pack issue which has arisen today), then I can no longer return to them and must get in touch with DELL. 

I was under the impression I could return too but I think VERY have a strange policy, I should have known better through all the reviews. 

Thank you for your help!! I will do some googling now  

OP ignore all the waffle from Very

Keep it nice and simple, they advertised laptop model A but sent you laptop model B.

Check the ceoemail site, pop an email over with the wording above and if they reply with more waffle ask them for the address to serve papers for the small claims process. 

If they give you an address then send them a letter before action (templates on Google). My bet is they fold long before this when someone who isn't programmed with the company script gets your complaint. 

Forget the charger issue as it's messy (even if it was relevant they can't force you to deal with Dell nor refuse your short term right to reject), wrong model is clear cut and they have no defence, stick with this and this only   

PS nab some screenshots of the incorrect product info (right now) before they update the product page.

Thank you so much for all the help! I was at a loss and was ready to just give in and let it be. I'll do exactly what you have advised!

Manxman_in_exile

When doing what @the_lunatic_is_in_my_head suggests about the misdescription, you might want to quote to them s 11 of the Consumer Rights Act 2015 that says that goods must fit their description.  If they advertised version A but supplied version B they are clearly in breach of contract.

Consumer Rights Act 2015 (legislation.gov.uk)

littlesimsxo

Manxman_in_exile said:

When doing what @the_lunatic_is_in_my_head suggests about the misdescription, you might want to quote to them s 11 of the Consumer Rights Act 2015 that says that goods must fit their description.  If they advertised version A but supplied version B they are clearly in breach of contract.

Perfect, thank you!! I will do this now. 

littlesimsxo

Update - Received another email from customer services this morning stating that the laptop they sold me is the same one as advertised, despite me sending over photos showing the quite clear differences in keyboard display. 

They advised me that the keyboard backlight can be changed in the Alienware FX tab within the Alienware Command Centre... This is more false information as the laptop I have doesn't have the 4-zone RGB backlight, nor does it come programmed with the Alienware FX tab - confirmed by DELL themselves as this laptop is not built with that function.

Once again, Very are trying to find any way around this and continuing to refuse acknowledgement on the fact they have mis-sold and misinformed me on multiple occasions. I have found the email for the managing director of Very and will hopefully try get in touch with them, perhaps it might get me somewhere (fingers crossed). 

Olinda99

Did you pay by credit card?