What are our rights regarding non-compliance and talking ourselves into it....

Questioner

We brought a Macbook to a repairer for repair, because it no longer charged. Investigation costs 70 euros. The shopkeeper stated that the motherboard had to be repaired and a new battery had to be installed. Costs together with investigation costs 704 euros. He stated that if we were to take it to the computer company, it would either be much more expensive or that they would give a discount on a new one. However, after we picked up the laptop (and had to ask for an invoice for the third time, which was then written on a bill without a carbon copy and the money went to his personal account, not to the company account) it turned out that the new battery had already been charged 289 times. We returned with this and the shopkeeper stated that this was probably due to the motherboard. We should just come back when the battery was empty, then he would still know. We then sent several emails to Apple repairers (certified) ourselves and they said that: a. this man could not get new Apple parts and b. it is not possible that this is due to the motherboard. 1 repairman offered to come by, for which we had to drive 215 km. We eventually did this because that was the only way to get proof. Here they tested the battery and found that this was indeed a used battery. Registered letter to the shopkeeper. And he indicated that he wanted to install a new battery again. However, since we no longer have confidence in this shopkeeper, we indicated that we did not want this. Then we were allowed to take it to the shop, who found that the battery was used. However, he had just indicated that he knew this owner and he wants to arrange this himself (in capital letters). We obviously do not want this, because we have no confidence in this gentleman and we would have to take a day off again and drive 2 x 215 km. In addition, he deliberately lied to us. Because he cannot supply a new Apple battery at all. We also doubt whether he actually carried out this repair or only installed a new connection. According to him this was not possible, but the computer company says it was. Costs only 100 euros. This gentleman did the repair himself and deliberately lied to us twice. We paid for a new APPLE battery, but a used one came in and when we came back, he sent us away again with all kinds of statements that were not correct. This gentleman knows exactly what he is doing and actually talked us into doing it when we called.

Lawyer

It may be that his first statement was correct but he did not mention that you would receive a used battery. (This would also have been an option with the manufacturer itself due to the current value and age of the laptop). The question is how much money you now want to spend on this problem. The service provider will first have to be held liable for fraud/error or breach of contract. It is often difficult at a later stage to base negligence solely on the lack of trust, travel expenses as a result of non-compliance could be claimed in addition to repair.

Questioner

This gentleman clearly said a new Apple battery. In a whatsapp message later he said to put in a new battery AGAIN. He deliberately put in a used battery and made us pay for a new battery. Because he is not a certified Apple repairer, he cannot put in a new Apple battery. We did not know this at the time he convinced us to have the repair done by him. We decided to do this because he said that it would be much more expensive at AMAC (which was closed at the time due to the lockdown, otherwise we would have gone there) or that they would give us a discount on a new laptop. Which is also not true. When is it fraud/error and when is it breach of contract?

Questioner

The travel expenses that can be claimed, do they only apply to bringing the laptop to this retailer or also to the travel expenses we had to make to have an investigation done to determine whether the battery was used or new?

Lawyer

Yes, certainly the last costs. But you can claim what you want, that does not mean that the seller/service provider will reimburse you for this even if you have deliberately misled. (fraud or error) The problem is often also that the manufacturer no longer offers a guarantee if you do this kind of thing. The question is really whether it is worth spending more money on it knowing that you have already been cheated.

Questioner

Thank you for the answer. I don't quite understand this sentence: The problem is often that the manufacturer no longer offers a warranty if you do this kind of thing. We have now received a used battery and a warranty from the retailer. What do you mean by the manufacturer's warranty? I assume that the manufacturer does not provide a warranty on a used battery anyway. Although the shopkeeper here is also very vague about the guarantee he offers and we do not know what this is. Moreover, we do not want to go to this gentleman anymore.

Lawyer

I mean the factory warranty on the functioning of the device then expires. Usually also that of the retailer if he offers extra warranty besides the legal one. You should make a case of it, but that also involves costs.

Questioner

Thank you for your answers!