Paying for a new computer and receiving a used one instead.

A friend of mine just called with an issue about buying a laptop.

She ordered a laptop through Argos for her daughter (primary school age) for Christmas.  She was under the assumption it would be a new machine.  She turned it on for the first time today to make sure it worked okay, and found that MSN Messenger was installed on it with someone's email address saved to it.  There were also saved documents and quite a bit of porn on it.  This stuff was put on the pc weeks ago, with the most recent items saved to the computer only 3 weeks ago.  So, we're assuming it's a used machine, repackaged and re-sold.  Needless to say, she's livid.  She's called Argos, but said the lady was less than helpful; the rep said they'd have someone from their tech support team call her

I just need to find out if there are any rules regarding trying to pass off used goods as new.  I've seen things on other websites products (pc's, mobile phones, etc) labelled as refurbished, but there's no such wording on the Argos site for this item. 

A couple of items worth reading can be found here and also here.

Best of luck with getting this sorted - I would be fuming.

Wow Petunia, that is terrible and I know from experience how horrible Argos can be at doing returns/refuunds on large items. Tell your friend to look at the Consumer Direct site and contact them for further advice or if she wants to complain to Trading Standards.  The item your friend has received is materially different to what she ordered so she is entitled  to a full refund and as the item is unsolicited, she does not have to return it. The onus is on Argos to collect it (within ... I forget the time frame, might be 28 days) otherwise she can do what she likes with it.

http://www.consumerdirect.gov.uk/

I would love to know how this turns out!

Thanks!  I've passed on the links to her.  She's beyond livid about it.  It will be interesting to see how it turns out.

It's a good thing she thought to check the computer right away rather than waiting until Christmas morning though!

Petunia, that's AWFUL!! Is it possible your friend bought a 'Manager's Special' or something like that? A computer that was pre-sold and then put back on the shelf? But even so, they ought to have reformatted it and got rid of all that stuff. Keep us posted!

Argos have terrible form on selling items that have been returned, any item returned is sold again as new if they think they can get away with it even if it was returned as faulty as it was in the case of a hoover I bought from them. (I only noticed the box had been resealed when I got it home and then found it didn't work)

I tend not to buy stuff from them anymore, anything I do buy I open in the shop before I leave.

If this was bought on-line the EU distance selling regs apply which mean the item can be returned for any reason within 7 days. Under the sale of goods act the goods also have to be "as described" which would normally mean not previously used. I'd kick up a real stink with a formal complaint to Argos and then trading standards.

David

They didn't even wipe it and start over???  Idiots.  In any case unless something is not working I would just keep it.  It is basically new still.  It's not worth the hassle, unless you enjoy that kind of stuff.  Of course if you can return it without hassle go ahead.

They didn't even wipe it and start over???  Idiots.  In any case unless something is not working I would just keep it.  It is basically new still.  It's not worth the hassle, unless you enjoy that kind of stuff.  Of course if you can return it without hassle go ahead.

How is it new if it's been used? It has someone else's stuff on it. Who would keep a computer that has porn stored on it anyway?  Oh wait ...

I wouldn't keep it--I'd be afraid there was something wrong with it to begin with and that was the reason for the return! 

How is it new if it's been used? It has someone else's stuff on it. Who would keep a computer that has porn stored on it anyway?  Oh wait ...

>> chortle <<

I wouldn't even know how to wipe it, tbh.

I'm selling a perfectly good laptop because I don't have a clue how to get it to connect to the net again (and it's probably the result of a virus, which is NOT being picked up by McAfee's).

If you pay for new, you should get new!

I mean, if you bought a bed and found spunk stains on it, would you just shrug and break out the upholstery cleaner?   

ew, gross!! couldn't you think of a less revolting example??!! 

ew, gross!! couldn't you think of a less revolting example??!! 

Probably, but it wouldn't have had the same impact.   

How is it new if it's been used? It has someone else's stuff on it. Who would keep a computer that has porn stored on it anyway?  Oh wait ...

computers are slightly used anyway, they come installed with windows and most manufacturers burn them in (leave them running for a preset time).  just erase what you don't want or restore back to factory install.

You would wipe it with software designed to wipe EVERYTHING or just simply do a format.  Formatting can be done when first installing a new or existing OS.  With recovery software it is possible to recover said deleted files but most people are clueless anyways.  In your case it's just a matter of reinstalling the operating system.  it's not hard if you have the CD.  if you don't I think you can still use vista to bring it back to factory setting.  I've done it for my sister in law before.  the link I showed you may only restore to a certain point.  If you don't want to mess with it find someone willing to do it for cheap.  I usually charge a minimal fee for things like reinstalling (50 dollars).  I do it for free sometimes.

I wouldn't even know how to wipe it, tbh.

I'm selling a perfectly good laptop because I don't have a clue how to get it to connect to the net again (and it's probably the result of a virus, which is NOT being picked up by McAfee's).

If you pay for new, you should get new!

I mean, if you bought a bed and found spunk stains on it, would you just shrug and break out the upholstery cleaner?