Reseller trying to give back repaired MacBook Pro as new
I bought a new macbook pro, online, from an authorised reseller that I found via the Apple website. It was customised with extra memory and so took 2 weeks to arrive, as they said it came directly from the Apple factory in china (I am in the UK).
When it arrived, it had a scuff mark on the lower casing, I saw it during unboxing and immediately sent a picture to the reseller and put it all away, I didn't even check the rest of the macbook as I thought surely a brand new macbook at this pricepoint shouldn't come with any scuffs or marks on it.
They agreed to collect it and for a replacement.
I then received a message that their technicions had cleaned the mark off and they would send me back the same macbook. They are refusing to replace it or refund as they say I am not eligible as it is now cleaned up and looks like new. In their terms it does say customised macbook re not eligible for refund or replacement unless damaged, but, it WAS damaged on arrival. A new macbook shouldnt have to go back to the reseller to be cleaned up right?
I know a bit about UK consumer law, and that if an item bought online arrives damaged I have rights, but at this point feel like I am being gaslit by the reseller.
I want to know if I am in the right requesting a refund here? A new macbook pro should come pristine out the box right? not with any marks on?
Also, if they send me back the marked one claiming its new, is there anyway I could know?
Thanks
[Re-Titled by Moderator]
MacBook Pro (M2 Pro, 2023)