Law on refurbished items

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madmardle

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Can anyone tell me if the rules for getting your money back on a refurbished item is the same as a new one please? I bought a refurbished laptop from a shop, not an individual, and after switching on when I got home to make sure it worked, and then a couple of weeks later tried the DVD drive, I haven't used it until I tried to switch on yesterday only to find it completely dead, I also tried used it with the charging cable but still nothing. I live approximately 40 miles from the shop so don't want to leave it for repair, and anyway I have no confidence in it now. I bought the laptop 24th April, do I have the right to have my money back?
 
I don’t think whether it’s new or refurb or just used makes much difference. Your contract is with the shop and I guess it depends on what representations they made about it. Hope someone has more specific advice :(.

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With refurbished or used items you are entitled to a repair but not a refund if there is a fault.
 
If paid by credit card it seems there is likely to be Section 75 protection.......though there do seem to be some (interpretative?) caveats where second hand goods are concerned!
 
jerry12953 said:
I've bought a number of "as new" refurbs and they have come with a standard 12 month guarantee. ( For example my current monitor.)
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Of the "as new refurbs" I have read of IMO the ones to trust are those sold by the manufacturer e.g. Dell products. Anything sold by a shop or other non manufacturers source I surmise would be unwritten by an insurance of some sort.

PS in regard to @madmardle OP I think the possible actions available to him will start by knowing the terms of the sale such as mentioned above in another post how long a warranty/guarantee was it sold with???
 
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Box Brownie said:
PS in regard to @madmardle OP I think the possible actions available to him will start by knowing the terms of the sale such as mentioned above in another post how long a warranty/guarantee was it sold with???
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Doesn't matter. If it was sold as a fully functioning laptop He's protected by the consumer rights act and will be entitled to a refund within the first 30 days....
 
Thanks everyone, it had a 30 day guarantee which could be extended to 6 months for an extra £25, I swapped my old laptop to get the extra, but I still haven't reached the end of the 30 one. At least I have some ammo now when I speak to them tomorrow, thanks again.
 
jerry12953 said:
I've bought a number of "as new" refurbs and they have come with a standard 12 month guarantee. ( For example my current monitor.)
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Depends on what you buy and where you buy it from.

Refurbs have different Ts&Cs depending on the actual item being sold. The warranty can be shorter and longer than 12 months - and may be a warranty backed soley by the retailer or also by the original manufacturer. The same retailer may offer refurbs with different warranties depending on how they sourced the items.

What actually constitutes a 'refurb' can also vary significantly - from stuff that is equivalent to new through organised batches of stuff that is being properly checked and reconditioned to basically just old second hand stuff.
 
Box Brownie said:
If paid by credit card it seems there is likely to be Section 75 protection.......though there do seem to be some (interpretative?) caveats where second hand goods are concerned!
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Don't get me started on section 75.. despite paying for two trips last year to the west coast and east cost on AMEX, they have refused to honor the cancellation. Even though we couldn't cross the pretty big body of water to get there, they will not refund.. over 2k!
 
stickytape said:
Don't get me started on section 75.. despite paying for two trips last year to the west coast and east cost on AMEX, they have refused to honor the cancellation. Even though we couldn't cross the pretty big body of water to get there, they will not refund.. over 2k!
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Hmmmm :( not good. None too sure about Amex but I have a vague memory that Diners Club 'credit card' , possibly predating Section 75 introduction, was not a traditional credit card ~ but can't recall exactly what the negative issue was, not helped by the fact that I never had one :lol:

So, is AMEX actually a Section 75 compliant card and/or the transaction a 'compliant one'???
 
Box Brownie said:
Hmmmm :( not good. None too sure about Amex but I have a vague memory that Diners Club 'credit card' , possibly predating Section 75 introduction, was not a traditional credit card ~ but can't recall exactly what the negative issue was, not helped by the fact that I never had one :LOL:

So, is AMEX actually a Section 75 compliant card and/or the transaction a 'compliant one'???
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I think you are right about Diners Club, I had one for a time (came out of the blue, unrequested around 1965) and it was not a credit card because you were expected to settle up every month. I never used it.
 
Diners club and American express are usually charge cards rather than credit cards so rules may be different.....
 
Bobsyeruncle said:
Diners club and American express are usually charge cards rather than credit cards so rules may be different.....
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Yip. I knew someone who fancied an Amex card, and ran up a large balance in the first month. He fully intended to settle it over a period, but couldn't find the minimum payment on his first statement so he called them. He got an unpleasant shock ...
 
sphexx said:
I think you are right about Diners Club, I had one for a time (came out of the blue, unrequested around 1965) and it was not a credit card because you were expected to settle up every month. I never used it.
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Ah! that sounds like it???

Bobsyeruncle said:
Diners club and American express are usually charge cards rather than credit cards so rules may be different.....
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Bingo! that is what Diners was called a "charge card". So can only surmise that maybe AMEX though comes across as an alternative to Visa or MasterCard, it heritage as a "charge card" affect its Section 75 status???
 
sphexx said:
I think you are right about Diners Club, I had one for a time (came out of the blue, unrequested around 1965) and it was not a credit card because you were expected to settle up every month. I never used it.
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Yes, I've not got a diners club one, as I used their standard platinum one. I have got the green card (can't recall if thats charge of credit!) which I use a lot more now, as that affords an extra year protection on anything you buy etc. Overall though, very disappointed in them that they've not been able to resolve that.
 
There does seem to be aspects of ambiguity re: Section 75 and AMEX.......compared to (hopefully) the way Visa and MasterCard behave?
 
I used to have AMEX and DC 'charge' cards in the 80s and 90s. They were popular then, but you HAD to repay them at the end of the month - no arguments.

Until ten years ago I had an Amex 'credit' card just for collecting airmiles, but it was difficult to use as fewer and fewer places accepted them due to their high vendor charges. They also kept putting up the available credit limit. At one point it was more than I had paid for my first house. :eek:

IME there were always problems with them so stopped using them because of this.

Whatever happened to the 'Flexible Fiend'?
 
Ah! That would make sense . . .
 
Just a follow up, the shop, the owner of the shop emailed and said they do not give refunds for ANY, ( their caps, not mine), and that they can only offer a repair under the 6 months guarantee, although the fault was reported only 20 days following purchase, i.e. still under the standard 30 day period. I have contacted Trading Standards through Citizens Advise, I'll keep you posted on any progress.
 
I used to have AMEX and DC 'charge' cards in the 80s and 90s. They were popular then, but you HAD to repay them at the end of the month - no arguments.

Not completely correct. I had a client at that time who regularly didn't pay his Amex - all that happened was that they applied "liquidated damages" - what the rest of us call "interest".
 
madmardle said:
Just a follow up, the shop, the owner of the shop emailed and said they do not give refunds for ANY, ( their caps, not mine), and that they can only offer a repair under the 6 months guarantee, although the fault was reported only 20 days following purchase, i.e. still under the standard 30 day period. I have contacted Trading Standards through Citizens Advise, I'll keep you posted on any progress.
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Was their terms of sale and guarantee explicitly clear before your purchase? Note ~ I am not saying they are correct, just a grist for the mill bit of information for when you speak to the CAB.

Plus, have you looked the shop reviews up as I would surmise they may not all be glowing!
 
madmardle said:
Just a follow up, the shop, the owner of the shop emailed and said they do not give refunds for ANY, ( their caps, not mine), and that they can only offer a repair under the 6 months guarantee, although the fault was reported only 20 days following purchase, i.e. still under the standard 30 day period. I have contacted Trading Standards through Citizens Advise, I'll keep you posted on any progress.
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Since you refer to email I guess you do have a record that you are returning the goods under the 30 days and perhaps also rejecting them as not of merchantable quality. It’s very common to see ‘ne returns’ claims but they are just trying it on. :(.
 
It was a long time ago so perhaps things have changed, but I'm sure terms and conditions still have to be considered reasonable?
 
I have waited until now to report back on this post as the situation was not concluded until today. I took the laptop back to the shop and although it took a while they managed to get it on and working, and that they would have it back for repair. I said that I was unhappy with the purchase as the unit was both faulty and unfit for purpose and as such under the sale of goods act I was entitled to a replacement or my money back. The owner said he had a letter from a solicitor stating he only had to give a store credit note, but that he was prepared to source another refurbished one for me. I felt that I would accept his offer rather than go down a legal route, and bought the computer home to await his call to tell me he had another one for me, I thought at least the first one was working now so I was happy to wait, but when I got it home again it wouldn't fire up, Anyway, he contacted me last week to say he now had another laptop ready for me which was a much improved, newer, and higher speced unit than the first one but that as I had so much trouble he would do a straight exchange, keeping to the original guarantee. I picked it up today, hence the reason for todays post, and although I am not too literate with specifications it does seem a much more modern unit, so all's well that ends well and thanks to everyone who responded to my query.,
 
madmardle said:
I have waited until now to report back on this post as the situation was not concluded until today. I took the laptop back to the shop and although it took a while they managed to get it on and working, and that they would have it back for repair. I said that I was unhappy with the purchase as the unit was both faulty and unfit for purpose and as such under the sale of goods act I was entitled to a replacement or my money back. The owner said he had a letter from a solicitor stating he only had to give a store credit note, but that he was prepared to source another refurbished one for me. I felt that I would accept his offer rather than go down a legal route, and bought the computer home to await his call to tell me he had another one for me, I thought at least the first one was working now so I was happy to wait, but when I got it home again it wouldn't fire up, Anyway, he contacted me last week to say he now had another laptop ready for me which was a much improved, newer, and higher speced unit than the first one but that as I had so much trouble he would do a straight exchange, keeping to the original guarantee. I picked it up today, hence the reason for todays post, and although I am not too literate with specifications it does seem a much more modern unit, so all's well that ends well and thanks to everyone who responded to my query.,
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Sounds like this isn't his first rodeo. Glad you got it somewhat sorted in the end.
 
madmardle said:
The owner said he had a letter from a solicitor stating he only had to give a store credit note...
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I've heard it said that if you know the right solicitor (and have enough money), you can get a letter appearing to say whatever you want. Legal English is a very precise tool, and can be used to imply things (if read as conversational English) that it does not legally say.
 
Tori_T said:
I've heard it said that if you know the right solicitor (and have enough money), you can get a letter appearing to say whatever you want. Legal English is a very precise tool, and can be used to imply things (if read as conversational English) that it does not legally say.
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Working in IT for a firm of lawyers I love it when they try something like that.
 
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