Legal position on Dell Outlet faulty goods – rights vs opinion

6
Found 27th Apr
I usually dish out my 2p worth on the subject of faulty goods/Ts&Cs but this time I have had a slight variation on that theme and thought others may be interested in the professional advice I have received.

I bought a Certified Refurbished laptop from Dell Outlet with 20% discount. I delayed booting for 2 months as it was a birthday present. When I did boot and configure, the mouse was not easy to use so I called support. They arranged for an engineer to visit next day (as per warranty).

The engineer opened the unit and found the heads of the screws had been stripped. He could not remove them and fix the PC.

I am not happy to have had a machine that has been butchered in this way (imagine opening the bonnet on a ‘nearly new’ car and finding badly damaged bolt heads/washer bottle top/oil filler cap).

I asked for a replacement but Dell said they had to have the chance to fix it. Dell arranged collection and that is where I now am.

The advice I have received;

  • A business sold me goods. Being from an outlet does not affect my Consumer rights unless the fault is clearly stated. ‘Certified Refurbished’ means pretty much ‘as new’ condition, especially when Dell also have a ‘Scratch & Dent’ classification. This problem would not be acceptable on Scratch & Dent items either unless the description said there was damage inside.

  • I had the right to expect goods in ‘satisfactory quality’ according to S9 of the Consumer Rights Act 2015

  • Under the Consumer Rights Act 2015 I have a right to reject goods within 30 days if they fail to be of Satisfactory Quality which in this case that would be ‘as new’

  • Dell had the right to attempt 1 (as in one/a single) repair of the goods according to S24 of the Consumer Rights Act 2015.

  • When the engineer came to my house, that was the 1 repair. This is the bit I was not fully aware of. I thought they had a general right to repair, not just a signle go. Dell telling me they had the right to further repairs was legally incorrect

I have the right to reject the goods but can ask for a replacement.

Misc

I took my own photos and the engineer did the same.This is important when holding Dell to account.

Yes, the issue of a palm rest mouse ‘siezing up’ is symptomatic of battery problems (Lion battery expanding and preventing the mouse pad from being clicked). This is dangerous as the battery can explode/catch fire.

I am surprised at Dell Quality Control.I have bought many machines from them and never seen this before.


Hope this helps someone. Particularly the bit about it being a single attempt to repair
Community Updates
Misc
6 Comments
Don't worry too much. Keep at them and ask for a replacement.
I had a laptop from them and one of my kids stepped on it when my headphones were on it and broke the screen.

I knew it would not be covered under the warranty and replaced the screen myself. (had done it several times).

The laptop would not work and I called the warranty ( )

They tried do fix ( engineer and eventually sent back dell) and at the end they say they would replace it.
At first they tried a refurbished lower spec one as the model I had was no longer available.

I say no, pointing out that mine was better. Then they offered a brand new laptop with much better spec which is my main one and is going strong for 5 years no faults.
go to them on your high horse spouting your consumer rights, they will likely turn around and say they no longer want you as a customer and refund you and block you from ordering from them again, which is their right to do.

i'd like to see who gave you your 'advice' no doubt dave down the pub, first of all 'certified refurbished' doent mean 'as new', far from it.

as for the claim that you can reject goods within 30 days, look at dells terms, they make and configure laptops etc to order, they are outside of the scope of DSR returns policies, even these refurbished ones are 'made; to order from parts bins of similar graded items.

you state yourself that the engineer couldn't begin to repair the laptop, so how is that a single repair if it has infact not been repaired?
Edited by: "eset12345" 27th Apr
Oh dear. I had hoped to be passing on useful info. To clarify;

Not Dave down the pub. Which Legal. Staffed by lawyers many of whom are specialising in Consumer law.

Dell do not make to order in the Outlet. To quote Dell 'Certified refurbished products are previously opened/used products. These products are submitted to a rigorous refurbishing process to achieve the highest quality and performance standards. Products may have some observable cosmetic blemishes that do not affect performance.'

Many would regard '... highest quality and performance standards...' which MAY '...have some observable cosmetic blemishes that do not affect performance.' as being 'as new' but the man on the Clapham Omnibus (the legal standard) may hold a different view.

DSR is often mis-understood, especially by sellers. To quote the act '... goods that are made to the consumer’s specifications or are clearly personalised.'

Distance Selling Regulations apply to Dell orders because you 'configure' them from a list of items Dell propose. Dell does not ask the buyer to specify parts, only to choose a part. Choosing from a list personalisation. (That is the dodge Apple use by getting a name engraved on a device for a ridiculously low cost and which does indeed negate a buyer's DSR rights)

With regard to the repair; the supplier sent an engineer (their description) and parts. That constitutes a repair according to the Which lawyer.
i stopped reading after a little, sounds like an arm chair lawyer like on misprice threads. All you have to do is look at your options either push for a replacement or repair again whichever one you want and if they dont budge then take them small claims looks like your only option.
Edited by: "MR1123" 28th Apr
"Under the Consumer Rights Act 2015 I have a right to reject goods within 30 days if they fail to be of Satisfactory Quality which in this case that would be ‘as new’"

"I delayed booting for 2 months as it was a birthday present."

As you took longer than 30 days to inform them how does the impact your rights?
How about you stop moaning, stop worrying and give them a chance to fix it without trying to throw the which handbook down their throats.

You are and wont be the last customer to be in this situation
Post a comment
Avatar
@
    Text

    Top Discussions

    Top Merchants