Refund or not?

Speedy · 27-04-2009, 22:17

I bought a laptop 2 months ago, second hand from a shop in accrington (wont mention which one but it is an independent one not a chain store).

When i bought it the guy told me it was in mint condition.

Got it home and discovered the battery was knackered and would need replacing (laptop only works when plugged in - kinda delates the purpose of a laptop if i cant move around with it

), went in 2 days later and he said he would order me one (still pestering him and still waiting for this battery).

Then this morning i switched the laptop on only to find out that the laptop wont even open windows because the copy of vista installed on it is not genuine

.

I have noticed in his shop a sign that says no refunds only exchange, is that legally binding or can i demand a refund on the basis the laptop was not as described??

The laptop was supplied with a 30day warranty which obviously has expired but i still have the reciept, and a 2nd reciept saying im waiting on a battery got this when i noticed the warranty was almost up as i had a feeling the guy was gonna mess me around.

Any advice???

cashman · 27-04-2009, 22:45

sorry no idea wi secondhand stuff speedy but this may be worth looking at.Trading Standards Institute - Home page

Speedy · 27-04-2009, 22:53

Cheers cashy,

Just found this on that site :

Is the trader right?

(for England, Wales and Northern Ireland)
The law considers that the seller of the goods is always liable for breaches of contract, such as goods being faulty. You are only entitled to a refund if the goods are defective, not as described or not fit for their purpose (exceptions for distance selling and buying in your own home). Traders cannot state “no refunds”.

So by the looks of things, due to the laptop being not as described and also having pirated software (almost certainly illegal) i am due a refund, please feel free to correct me if im wrong....hopefully someone will know more about this sort of thing than i do.

cashman · 27-04-2009, 22:58

print that off speedy, keep in yer pocket n argue toss, if they won't play, produce it n say yer gonna contact em, worth a shot IMHO.

***Mr D*** · 27-04-2009, 23:24

Quote:

Originally Posted by Speedy

I bought a laptop 2 months ago, second hand from a shop in accrington (wont mention which one but it is an independent one not a chain store).

When i bought it the guy told me it was in mint condition.

Got it home and discovered the battery was knackered and would need replacing (laptop only works when plugged in - kinda delates the purpose of a laptop if i cant move around with it

), went in 2 days later and he said he would order me one (still pestering him and still waiting for this battery).

Then this morning i switched the laptop on only to find out that the laptop wont even open windows because the copy of vista installed on it is not genuine

.

I have noticed in his shop a sign that says no refunds only exchange, is that legally binding or can i demand a refund on the basis the laptop was not as described??

The laptop was supplied with a 30day warranty which obviously has expired but i still have the reciept, and a 2nd reciept saying im waiting on a battery got this when i noticed the warranty was almost up as i had a feeling the guy was gonna mess me around.

Any advice???

I would be straight back in with it, you must be able to come to some agreement you are happy with.

When you say wont open windows, how do you mean? Did you get a warning or message stating Vista was not genuine?

Speedy · 27-04-2009, 23:40

It loads to the user log-in screen (which i never had set up it normally loaded to just desktop).

Then it says the version of vista you are using is not genuine please enter authentication code or something along those lines (cant remember it word for word and its all packed up ready to take back so i dont really wanna be unpacking it all again to check).

But prior to this i had no idea it was a dodgy copy of vista.

***Mr D*** · 27-04-2009, 23:57

Quote:

Originally Posted by Speedy

It loads to the user log-in screen (which i never had set up it normally loaded to just desktop).

Then it says the version of vista you are using is not genuine please enter authentication code or something along those lines (cant remember it word for word and its all packed up ready to take back so i dont really wanna be unpacking it all again to check).

But prior to this i had no idea it was a dodgy copy of vista.

Im sure if you mention this all should be resolved.

Speedy · 28-04-2009, 00:49

Just turned it on now to verify what it says (nothing else to do at this time of night lol).

The windows vista home premium product key you typed is invalid for activation

To activate windows you will need to use the automated phone system

It then gives me the option to Use automated phones system, access computer with reduced functunality or type a different product key.

After a few minutes a pop-up appears saying You may be a victim of product counterfieting, To use Microsoft windows features such as updates...ETC ETC your copy of windows must be validated as genuine.

If i click use computer with reduced funtionality it loads straight to microsoft.com and if i try going to another site or closing that window it takes me back to the original screen.

accyman · 28-04-2009, 01:15

treaten to ring trading standards to make them aware of the fact that he sold you a pirate copy of windows and also mention theres a decent reard for reporting shops that sell pirated software of theirs

Speedy · 28-04-2009, 01:22

Quote:

Originally Posted by accyman

treaten to ring trading standards to make them aware of the fact that he sold you a pirate copy of windows and also mention theres a decent reard for reporting shops that sell pirated software of theirs

Just out of interest is there a reward or is that just a bluff?

accyman · 28-04-2009, 05:14

Quote:

Originally Posted by Speedy

Just out of interest is there a reward or is that just a bluff?

Microsoft devotes substantial time and energy toward fighting software piracy and we very much appreciate your interest in our initiatives.
1. Corporate Piracy is the Illegal use of Microsoft software by a business or company. If you would like to report corporate piracy, should contact the local Business Software Alliance: Business Software Alliance. There is a reward available of up to ?10,000 for every end user report successfully concluded by the BSA
2. Channel Piracy is the sale of illegal software or the installation of illegal software onto a PC that is to be sold to a customer. If you would like to report Channel Piracy activity, you should go to www.microsoft.com/uk/piracy
3. If you have other questions regarding piracy, please send an email with your queries to the following email address: [email protected]

jaysay · 28-04-2009, 09:29

Any body selling to a third party has to comply with the sale of goods act, in as much as that if you say buy a second hand car in a private deal say, it has to be in exceptable working order, if that is how its sold to you, the days of breaking down on the corner with the gear box filled with sawdust have long gone

entwisi · 28-04-2009, 10:48

Posted via Mobile Device

You should have a sticker with a license key on somewhere on the machine. If not its dodgy and i would be straight down and asking for full refund or you will grass him up to microsoft and trading standards. If that doesn't scare him then he's more than silly and deserves all he gets.

Speedy · 28-04-2009, 11:09

the sticker on the laptop is for xp not vista.

Going down now, will let you know how i get on.

accyman · 28-04-2009, 11:38

which shop is it anyway , only asking because i will be looking for a second hand laptop soon and dont want to end up buying from somehere that sells broken goods and have to go throgh this much hassle