Misrepresentation

[securespark]

The new desktop I have chosen was advertised on the retailers webpage as having a 240 GB SSD.
But then further down the same page, there was mention of a 256 GB PCIe SSD being fitted.

The retailer did not know which was fitted. They put me through to the manufacturer who was not sure either. I ordered one. When it arrived, the label on the box said 256 GB, but in the box was a 240 GB WD Green SSD.

Both manufacturer and retailer are guilty of misrepresentation.

What would you do, if anything?

 

[Jadele]

I don't think you have a misrepresentation case really as its more of an error than a deception. Also most retailers have E&OE at the bottom of each webpage - error and omission excepted. The box also doesn't really matter as technically you got what you ordered. That said I would try and insist on getting the upgrade to the PCIe drive. They may even send you one and let you keep the existing for goodwill. Worth a try!

 

[securespark]

Unfortunately, the OS is loaded on the SSD, so it's not that simple.
It is classed a misrepesentation simply because the contents of the box do not match what is on the label.

 

[rsgaz]

said 256 GB, but in the box was a 240 GB

Are you sure that they both definitely mean Gigabytes, because 256 gigabytes is pretty much the same as 240 gibibytes.

https://www.google.co.uk/search?source=hp&q=256+gigabytes+in+gibibytes

If it only says 'GB' in every instance, not the whole word, then it's a bit ambiguous on their part.

 

[JohnD]

there is both deliberate and accidental ambiguity. As Wikipedia says "The term gigabyte is commonly used to mean either 1000³ bytes or 1024³ bytes"

Memory is/was described in binary numbers (1, 2, 4, 8, 16, 32, 64, 128, 256, 512, 1024) but people commonly use "K" to mean a thousand. There is still a tendency for sales and marketing people to use numbers that look bigger.

 

[SirGalahad]

Unfortunately, the OS is loaded on the SSD, so it's not that simple.
It is classed a misrepesentation simply because the contents of the box do not match what is on the label.

Its misrepresentation if it was intentional. If they simply made an error on the labeling and have not fixed it, or do know about it and are not doing anything about it.

 

[DaveHerns]

You bought a new desktop without seeking our advice?

 

[Doggit]

He did, it was in a previous post. Did you get the Mesh PC in the end Secure. I don't think the 240/256 argument is really that serious, because as John says, it may well be just the way the figure is calculated, but having looked at the web spec, did you get the PCIe SSD, or the SATA SSD, which is slower, and that would be misreprentation, unless they've stated that the specification can be changed without prior notification.

If you've got the SATA SSD, then I'd as for it to be changed, and suggest they can take the PC back under the distance selling regulations.

 

[securespark]

No, I didn't go for the Mesh. Wanted to, but found a high proportion of complaints about poor service,not getting what was ordered and grey imports not covered under warranty.

I got the slower SATA 240 SSD.
Trouble is, the SSD has the OS loaded onto it so it's not just a matter of swapping a part out.
Plus, I get the impression they are not seeing anything wrong. "Oh, sorry, we made a mistake. We've told the manufacturer about their label."

Think I would get my money back, if I wanted, but I get the impression they would not supply a PCIe drive.

 

[Doggit]

You have a seven day cooling off period for internet and distance purchases, so tell them that it's not what you were expecting, and ask if they'll supply the part you were, or would they rather take the machine back. They should be able to just supply a new SSD with another operating system on it, and there shouldn't be too much of a hicupp with it regognising the new parts as it installs itself.

 

[motorbiking]

This isn’t misrepresentation in the contractual sense, it’s a straight forward case of not being as described. You have the right to reject and refund, unless they are willing to make good. You have more than 7 days, but not much more.

I do wonder if this is raw capacity vs formatted? In which case it could be true that it’s both as per JohnD’s comment

For this to be misrepresentation you’d have to show it is what induced you to purchase.

 

[Notch7]

Calculate the difference:

http://wintelguy.com/gb2gib.html

240GB = 240,000,000,000 bytes
240,000,000,000 bytes / (1024^3) = 223.52 GiB.

No drives have actually have the amount of space as their labelled size due to formatting.

If its a desktop, why not buy a hard drive and use that for file storage.

If you are worried about using up all the space, you would be better off with a bigger drive anyway as drives working close to their capacity wont be either as reliable or as quick.

 

[motorbiking]

yes decimal vs binary, the real issue would be if the quoted read/write speeds were different. I'd be tempted to stick a second drive in.

 

[securespark]

Thanks guys.
As I said, the drive size is not so much an issue as the type. The one on the label in the box (and the one mentioned on the webpage for the desktop) is a PCIe type, quicker than SSD. I shall ask them what they want to do about it. I rather suspect it will be nothing.

 

[Doggit]

Then suggest they take it back