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)

Posted on Aug 7, 2023 4:21 AM

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13 replies

Aug 7, 2023 5:44 AM in response to caarkd23

I want to know if I am in the right requesting a refund here?


Yes. Apple's sales and return policies (in the US, that is) explicitly state that you may request a full cash refund within 14 days of purchase, provided you return the Mac in the same original condition in which it was received. You should have requested that vs. agreeing to a replacement, which complicates the answer somewhat. Since you know a bit about UK consumer law confirm yours is similar or identical.


A new macbook pro should come pristine out the box right? not with any marks on?


Yes.


Also, if they send me back the marked one claiming its new, is there anyway I could know?


Possibly, but if you are literally unable to distinguish the difference between what they send you and a new Mac, then it's probably not worth attempting to find out. Its battery cycles should be in the low single digits; usually it's 1 or 2. If it's a dozen or so, it's been used.

Aug 7, 2023 7:31 AM in response to caarkd23

If you bought DIRECT from Apple (not from any Reseller), standard Apple policy in the US and MOST countries (except in the Far East) is that you can return or exchange for any reason for Full Value with 14 days after receipt.


If you bought from a Reseller, who is free to set their own policies as well as their own prices, the Reseller's policies apply, and you will have to deal with the Reseller.


However, knowing the Apple policy may help you negotiate a better arrangement with the Reseller.


----

If you take the Reseller's point of view, their arrangement is likely typical of Most wholesale arrangements: No givebacks for any reason -- that's why they are a Reseller and get a discount. They likely do not want your exact specification computer for their inventory, tying up company Capital. If you FORCE them to eat it, they will likely fight you.


On the other hand, IF you can SETTLE for a financial adjustment, or some free accessories, the whole business might be able to be resolved quickly and easily.

Aug 7, 2023 7:46 AM in response to caarkd23

Try to see the Reseller's point of view. Everyone wants you to be a happy buyer if possible. But if it seems impossible, they will just show you the door.


Another rule I am sure they know:

a happy buyer tells three others.

an unhappy buyer tells NINE others.


With the threat of "Take it back",

... you may be able to coax other goods or services or cash-back out of them.

Aug 7, 2023 8:16 AM in response to caarkd23

I want to know if I am in the right requesting a refund here?


We are all other users here and cannot give you legal advice, nor can we give you an official answer from Apple.Having said that, there are specific consumer rights in the EU which you can avail yourself of. You need to deal with the seller who is an independent third party.

Aug 7, 2023 7:42 AM in response to Grant Bennet-Alder

Thanks, it is from an authorised reseller, unfortunately for me. I have learnt my lesson and will always buy direct from apple from now on.

The resellers terms state:

”The Consumer Rights Act 2015 gives consumers 30 days from

delivery to notify **** of any problems with delivered goods to be able

to receive a full refund for goods of unsatisfactory quality or not as

described, but we will try to go above and beyond these rights wherever

possible. “.  


A new macbook pro arriving with a scuff mark on the casing would I thought be classed as 'unsatisfactory quality'? Since i've spoken directly to Apple about it they agreed it is classed as cosmetic damage.

The problem I am having is the reseller saying now that they have removed the scuff from the casing its as good as new and so I must take it back and I have no rights. I am arguing that it was damaged on arrival and so I should be covered under the Consumer Rights Act. I don't want a macbook that was damaged, at that price point I expect to get one that doesnt require being sent back to the reseller to fix up.

Aug 7, 2023 7:41 AM in response to John Galt

You should have requested that vs. agreeing to a replacement, which complicates the answer somewhat.

Thanks, I did ask for a replacement OR refund and they initally said they would organise a replacement, then changed their minds. Am I better off asking for a refund now?

They are blaming Apple and have said its because Apple will not refund/replace the laptop that they cannot do it for me. However that shoudn't make a difference in my opinion, if an item arrives damaged, the law is the law and they must replace/refund, surely?

Aug 7, 2023 7:53 AM in response to Grant Bennet-Alder

All I want it for them to abide by the law and stop gaslighting me telling me I am wrong about it and give me a refund or send a replacement as it's causing me so much stress, I'm not after anything more. As right now I have neither a macbook or the money to buy another one as both my money and 'new' macbook are still with them, it's been already a week going back and forth, and it was a long delivery time to even get the macbook.

So in this situation the reseller point of view does not seem to be that they want a happy buyer. I found them via the Apple website and I am pretty disapointed Apple are listing and affiliated with such a company.

Aug 7, 2023 8:09 AM in response to Grant Bennet-Alder

Honestly, I wouldn't take it.

Not worth the worry for me about the integreity of the macbook for the rest of it's lifespan wondering if the scuff was just nothing or if it had been bashed about or already used and repaired etc and was something more.

Much prefer to get a pristine new macbook that I saved for, that cost way way more than that or likely anything they would offer. But also, I don't think they will offer me anything, they think I am in the wrong when it is them, pretty much breaking the law at this point.

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Reseller trying to give back repaired MacBook Pro as new

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