CeX Laptop - Explicitly Stated Purpose (Win 11), Misleading Advice, Agreed Refund Retracted - Urgent

sheramber

littleboo said:

It's not clear how you ended up leaving the shop with the particular laptop that you did. Did the assistant recommend it based on your requirement? 

* I explicitly told the sales assistant my primary reason for buying a replacement laptop was because my old one couldn't install Windows 11, and that I intended to update this new one to Windows 11.

   * The assistant's only response was "that's up to you."

doesn't  sound like a recommendation

Emmia

Like others I don't understand why you bought a W10 laptop in this situation, rather than one with W11 installed?

sonearandyetsofa

Interestingly on that link @the_lunatic_is_in_my_headit also states "Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker."

Given the trader in question is a shop assistant at CEX, an outlet store for secondhand goods with no guarantee of specialised knowledge on the subject, and their response to OP's statement was "That's up to you" and not "That would be fine", I wonder if a judge would agree that it would be unreasonable for the consumer to rely on the skill or judgement of the trader.

Assuming they're not legally required to give a refund, they're entitled to withdraw a goodwill gesture that was offered at their discretion - the manager said it was to retain a customer, and the OP then stated that they wouldn't be coming back, so you could reasonably assume that the goodwill gesture was contingent on them remaining a customer. I presume the warranty test is to determine whether OP has damaged the item in the meantime, not therefore unreasonable for them to make the refund contingent on the test result if it's a goodwill gesture and not a legal requirement.

The simplest and easiest way to deal with the issue is to bring the laptop in, let them test it, and stop fighting them over the issue until you know the results of the test. If they tell you after testing that they won't refund because it's been damaged, and you're still confident of your position, you can then take them to small claims court. There's no point arguing with them about it ahead of time, and very little point informing Trading Standards.

the_lunatic_is_in_my_head

sonearandyetsofa said:

Interestingly on that link @the_lunatic_is_in_my_headit also states "Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker."

Given the trader in question is a shop assistant at CEX, an outlet store for secondhand goods with no guarantee of specialised knowledge on the subject, and their response to OP's statement was "That's up to you" and not "That would be fine", I wonder if a judge would agree that it would be unreasonable for the consumer to rely on the skill or judgement of the trader.

Was quoted in my post too

Yes indeed "That's up to you" doesn't mean much but "I wouldn't know anything about that" would be more accurate, in fact I'd find "That's up to you" to be somewhat rude, of course we wasn't there so the context is missing leaving it hard to judge, only OP really knows how it came across. 

m0bov

You purchased a laptop running windows 10. It beggars believe why you didn't get one with windows 11.

If your doing it on the cheap, do your research first. The laptop is perfectly functional.