Refund for a laptop purchase

[Naks]

Hi everyone,

So I'm in a bit of a situation with a laptop (second-hand) that I bought last Thursday from a small shop in Bellville (I like to support small businesses).

During the sale, the owner claimed that the laptop can take 2 DIMMS, and he even opened the case to try and show me where it is - but when it was not visible, he claimed it was underneath the board.

When I got home and re-installed Windows, setting up, etc., I realised that it in fact only has 1 DIMM slot for a maximum of 16Gb. I immediately messaged him to ask for a return + refund, and his reply was that he doesn't have any cash because he's had to pay his suppliers, and he offered me other laptops (not interested).

I told him I can wait until Tuesday, but since he asked to be paid cash, I expect the same for a refund,

I get the suspicion that he's just going to delay until the 7 days on the T&C expire, and then he's going to tell me the return & refund period has lapsed.

What is my recourse to return the laptop and get my money back should he play the delaying game?

Thanks

 

[RyanPCMR]

How much did you spend on it? Also, try to get more info on the company you bought it from and also if it was sold "as is" (voetstoots).

 

[Naks]

R10k.

The invoice clearly states "refund within 7 days of purchase", and over WhatsApp, the owner acknowledges that I want a refund:

[17:31, 1/11/2019] Hi there, how are you?

I bought that X270 from you yesterday, but unfortunately it turns out it only has 1 DIMM slot, not 2 as you mentioned, plus the max RAM is 16Gb, not 32Gb: https://forums.lenovo.com/t5/ThinkPad-X-Series-Laptops/X270-How-many-memory-slots/m-p/4123586, http://psref.lenovo.com/syspool/Sys/PDF/ThinkPad/ThinkPad X270/ThinkPad_X270_Platform_Specifications.pdf

So I'd like to return it for a refund please, is the shop open tomorrow? Thanks

[08:39, 1/12/2019] Hi, please let me know if you are open today, I would like to return the laptop for a refund. I'm assuming you will be giving it to me in cash, same as when I paid?

[09:05, 1/12/2019] i am open today. but no cash here i paid my suppliers

[09:19, 1/12/2019] The laptop can take up to 16GB DDR4 2400MHz
That 1 x 8GB DDR4 is very fast if you need more speed upgrade to a ssd hard drive. You can bring the masjien i will put a ssd hard drive then you can see the speed increase. The one slot can take one 16 GB ram ather laptops can not handel 16 GB on one slot. or buy the HP specture with 16GB ram

[10:22, 1/12/2019] Thanks, but I'd prefer a refund. When can I come by for a cash refund?

[10:24, 1/12/2019] will let you know

[10:26, 1/12/2019] OK, but no later than next Tuesday, as I need a laptop for work by Wednesday

[10:26, 1/12/2019] ok

Now, I understand cash flow problems in small businesses, and I can keep this laptop as a travel one, and get another one to game.

Also, I don't want to be a dick about the refund, but I don't like getting messed around.

 

[Naks]

Their T&Cs

 

[The_Traveller]

Provide make and model number of the laptop , let us triple check

 

[mattrudlles]

You have two routes to follow:

1. CPA - receipt of incorrect goods. It does apply to second-hand goods in case he tries to argue that it doesn't - http://www.sjbothaattorneys.co.za/does-the-consumer-protection-act-apply-to-second-hand-goods/.

Section 41 of the CPA forbids a supplier from making False, misleading or deceptive representations to a consumer.

Where a supplier does so, section 69 of the CPA allows a consumer to enforce his/her rights against a supplier, or dispute against a supplier with the right forums. National Consumer Tribunal, Consumer Court, and so on.

or

2. Breach of contract because seller committed a fraudulent misrepresentation at worst, and at best a negligent misrepresentation. Both of these breaches entitle you to damages, and cancellation of the contract and return of the goods.

 

[Naks]

Provide make and model number of the laptop , let us triple check

Lenovo x270

tbh, way too much hassle. They've lost me as a customer and I'll keep this one as a travel laptop.

I've bought a Western Digital SSD on special for R699 from Takealot, and I may get a 16Gb DIMM if I want to beef it up further.

 

[The_Traveller]

I guess it’s a lesson learnt to always do homework before you buy from non franchise stores.

Hope you get this resolved with the seller, he should be refunding you.