[BNM] Just been missold a macbook instead of macbook pro bysolutions inc. Any advice?

[Ali]

Hi

Sale of Goods Act says the goods must be as described.

If they described the goods as MacBook Pro then you can get a full refund 
(which is what I would do now rather than trade up and continue to give them 
your business)

You need to be able to prove their description though - this is your word 
against theirs unless you have witnesses.

Ali







----- Original Message ----- 
From: "Harry" <harrybr at gmail.com>
To: "Brighton New Media" <bnmlist at brightonnewmedia.org>
Sent: Thursday, June 18, 2009 12:46 PM
Subject: [BNM] Just been missold a macbook instead of macbook pro 
bysolutions inc. Any advice?


Hi BNMers,
Can anyone give me some advice on how to deal with a difficult situation?

Last night I walked into Solutions inc in Brighton and bought a Macbook Pro.
Or so I thought.

Having got the laptop home and started it up, I realized I'd been given a
old model. I can understand how they made the mistake as it looks almost
identical, is priced almost identically, and has almost identical packaging.
The receipt shows that I bought the old model - but still, it was the
store's fault, as I clearly asked for the newer Pro model. So I went
straight back in there this morning and asked to swap it for the newer model
and pay the small excess (the old one was £850 and the new one is £900).

Sounds reasonable? They wouldn't take it back. They are saying they don't
legally have to take it back as I have opened the box, but in this case they
will charge me a restocking fee (£50), plus the excess (approx £50) to give
me the newer Macbook Pro. (Note: they aren't offering me a refund, period).

They are also being really unpleasant, saying that if I take them to court
they will win because "They've never lost a case at small claims court". The
manager, Daniel, wouldn't even give me his surname. He also refused to give
me the firstname or surname of the sales assistant who sold me the laptop (I
suspect it may have been the sales assistant's first day or something
because he was having trouble with the till and didn't know much about the
stock).

So, my question is what do I do now? Do I take it back and pay the
restocking fee (etc)? Or do I hang onto a computer that I don't want, and go
through the tiresome process of taking them to small claims court?

This is really frustrating - any advice would be deeply appreciated!

Harry
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