Sold a Refurbished Laptop as “Brand New”: How to File a DTI Complaint and Get a Refund (Philippines)

This is practical legal information for the Philippines. It’s not a substitute for advice from a lawyer. Laws and agency procedures can change; double-check key details with DTI or counsel.

The Short Version (What to do now)

Stop using the laptop and preserve all packaging, receipts, chats, and screenshots that show it was advertised as brand new.
Write a brief demand to the seller asking for a full refund (or replacement with a truly brand-new unit) within 5–7 days, citing the Consumer Act and the prohibition on deceptive sales. Send it via a traceable channel (email + messaging + registered mail if practical).
File a DTI complaint if the seller won’t cooperate. DTI will usually mediate first; if unresolved, it can adjudicate and order a refund/replacement and penalize deceptive conduct.
If you paid by card or e-wallet, open a dispute/chargeback with your provider in parallel.
If all else fails or you want damages, consider small claims court (for money claims up to ₱1,000,000) or, for egregious fraud, consult counsel on estafa and civil remedies.

Why this is illegal

Selling a refurbished, used, “open-box,” or reconditioned laptop as brand new is a classic deceptive sales act under the Consumer Act of the Philippines (Republic Act No. 7394). It violates your right to accurate information, right to choose, and right to redress. The seller may face administrative penalties and be ordered to refund, replace, or repair.

Additional legal hooks that often apply:

Civil Code warranties (e.g., implied warranty against hidden defects and misrepresentation).
E-commerce rules (e.g., the Internet Transactions Act, RA 11967) strengthen DTI’s hand against online sellers and marketplaces.
“No Return, No Exchange” signs do not bar legitimate returns when goods are misrepresented, defective, or not as described.

“Refurbished,” “Open-Box,” “Used”: What counts?

Brand new: Factory-new unit with full manufacturer warranty and no prior ownership or repair.
Refurbished/Reconditioned: Previously owned or returned, repaired/inspected, then resold. May be manufacturer- or seller-refurbished.
Open-box: Packaging opened and unit previously handled/returned; not strictly “brand new.”
Gray/import or unauthorized units: Not necessarily refurbished, but often misrepresented and may have limited or no local warranty.

If any of these were sold as brand new, that’s misrepresentation.

What you can claim

Primary remedy: Refund of the purchase price once you return the laptop, or replacement with a truly brand-new unit, at your option where misrepresentation is proven.
Repair is a lesser remedy and not appropriate when the core issue is not-as-described (sold as new but isn’t).
Incidental costs (e.g., shipping/transport to return) can be requested; DTI orders typically focus on the purchase price and compliance. Broader damages (e.g., moral/actual) usually require court action.
Administrative penalties against the seller are separate and set by DTI.

Timing tip: Under the Civil Code, actions arising from hidden defects have a 6-month prescriptive period from delivery (courts). DTI administrative complaints should still be filed as soon as possible.

Evidence Checklist (gather before you complain)

Proof of purchase: Official receipt/invoice, e-receipt, bank/GCash card statement.
Ads/listing: Screenshots showing “brand new,” “sealed,” etc.
Conversations: SMS, chat, email where the seller confirms “brand new.”
Photos/videos: Packaging, serial numbers, wear/usage marks.
Technical proof (if available):
- Manufacturer warranty/coverage lookup showing prior activation;
- System logs (e.g., battery cycle count, OS activation date);
- Service center report stating refurbished/previously used.
Your timeline: Purchased on ___, discovered on ___, contacted seller on ___, response ___.

Step-by-Step: Dealing with the Seller

Freeze the situation: Don’t modify the device. Back up data if needed, then stop using it.
Send a demand (template below):
- Cite the Consumer Act and deceptive sales.
- State your remedy: full refund upon return (or replacement with truly brand-new).
- Set a clear deadline (5–7 calendar days).
- Say you will elevate to DTI and your payment provider if unresolved.

If they agree, document the agreement and use a turnover receipt on refund/replacement day.

Filing a DTI Complaint

Where to file

Your local DTI Provincial/Regional Office or the Fair Trade Enforcement unit for NCR.
Online/Remote: DTI accepts complaints electronically (email/webform). (Exact channels change—check current DTI contact points.)

What to file (simple is best)

Complaint letter/affidavit identifying the parties and facts.
Relief sought (refund/replacement).
Attachments: everything in your evidence pack.

What happens next

Mediation/Conciliation: DTI invites both sides to settle quickly (often via virtual or in-office meeting).
Adjudication (if no settlement): DTI may issue a Formal Charge, conduct summary hearings, then issue a Decision/Order (e.g., refund, replace, cease-and-desist, fines).
Compliance & Enforcement: DTI can monitor compliance; non-compliance can lead to further sanctions.
Appeals: Administrative decisions can be appealed within DTI and then judicially reviewed (typically via Rule 43 to the Court of Appeals). Meet deadlines stated in the order.

Fees: Consumer mediation is typically free. Adjudication-related costs are minimal compared to court.

Parallel Tracks You Should Consider

Card/E-wallet dispute or chargeback: File promptly with your issuer/app. Provide the same evidence (misrepresentation). Networks often have strict time limits—act early.
Marketplace platforms: Use the platform’s dispute center; the Internet Transactions Act increases seller/platform accountability.
Service center report: If you can obtain a written finding that the unit is used/refurbished or already activated, this is powerful proof.
Small Claims Court: If you want money damages and not just a DTI order, small claims (no lawyers required) can handle pure money claims up to ₱1,000,000 (limit subject to change—verify current ceiling).
Criminal angle (Estafa): For intentional fraud with damage, consult counsel on filing with the prosecutor. This is separate from DTI’s administrative case.

Common Seller Excuses (and how they fail)

“No return, no exchange.” Not a defense against defects or misrepresentation.
“Unit is working naman.” Functionality is irrelevant if the promise was brand new and it isn’t.
“Open-box only.” If ad and sales talk said “brand new,” it’s still deceptive.
“International/gray unit, same as new.” Not “brand new” in the legal sense if warranty/coverage differs or it’s previously activated.
“We disclosed in-store verbally.” If all written materials said “brand new” and there’s no clear disclosure, it’s deceptive.

Templates (you can paste-edit)

1) Short Demand Letter (English)

Subject: Demand for Refund – Refurbished Laptop Sold as “Brand New”

Dear [Seller/Manager], On [date], I purchased a [brand/model, price] from your [store/online page], advertised and sold as brand new. After purchase, I confirmed the unit is refurbished/previously used (see attached proof: [service report/manufacturer lookup/screenshots]).

Selling a refurbished unit as brand new constitutes deceptive sales under the Consumer Act of the Philippines (RA 7394). I am exercising my right to accurate information and redress, and I demand a full refund of ₱[amount] upon return of the unit (or replacement with a truly brand-new sealed unit) within 7 days of this notice.

If we cannot resolve this by [deadline date], I will file a DTI complaint and open a payment dispute.

Please confirm a schedule for refund/return.

Sincerely, [Name, mobile/email, address] Attachments: [proof]

2) Maikling Reklamo (Tagalog)

Paksa: Hiling sa Refund – Refurbished Laptop na Ibinenta Bilang “Brand New”

Magandang araw, Noong [petsa], bumili ako ng [brand/model, presyo] sa inyong [tindahan/online page] na malinaw na in-advertise bilang brand new. Kalaunan ay nakumpirma kong refurbished/na-gamit na ang unit (tingnan ang mga kalakip na patunay).

Ang pagbebenta ng refurbished bilang brand new ay mapanlinlang ayon sa Consumer Act (RA 7394). Nais kong gamitin ang karapatan ko sa tamang impormasyon at remedyo at hinihiling ko ang buong refund ng ₱[halaga] kapalit ng pagsasauli ng unit (o kapalit na tunay na brand-new). Pakisagot sa loob ng 7 araw.

Kapag di ito naresolba sa [deadline], magsusumite ako ng reklamo sa DTI at magbubukas ng dispute sa aking payment provider.

Salamat, [Pangalan, kontak, address] Mga kalakip: [patunay]

3) DTI Complaint Outline

Complainant: Name, address, contact
Respondent: Business name, address, contact, online storefront links
Transaction: Date, item, price, how paid
Facts: What was advertised (“brand new”), what you discovered (refurbished/used), how you verified (service report, serial lookup, usage stats), seller’s response
Violation: Deceptive sale under RA 7394; request for redress
Relief sought: Refund of ₱___ (or replacement with truly brand-new), return shipping at seller’s cost, compliance order
Attachments: Receipts, listings, chats, photos, reports, ID

Practical Tips that Win Cases

Serial numbers are king: Photograph the serial/SKU on the box and device; mismatches scream tampering.
Manufacturer confirmations carry weight: A written statement that the unit was previously activated/serviced is strong proof.
Be organized: Put all evidence in a single PDF (chronological).
Be firm but reasonable: Always offer to return the device in exchange for the refund you seek.
Attend DTI mediation prepared**:** printouts, timeline, and your minimum acceptable outcome.

Special Situations

Bought from a marketplace/abroad: DTI still accepts complaints against local entities; for foreign sellers, you can proceed against the local importer, distributor, or the platform’s local representative, and use the platform’s dispute system.
Business purchase: Consumer protections mainly cover personal/household use. If bought under a company name for business, DTI may decline jurisdiction; you’ll rely on contract/civil remedies.
Data/privacy: Before returning, factory-reset and remove accounts. Record the device condition at turnover.

What if DTI’s Order Isn’t Followed?

Inform DTI of non-compliance; this can trigger additional sanctions.
Consider small claims to enforce monetary relief; bring DTI’s decision and your evidence.
For repeated or willful fraud, speak with counsel about criminal complaints (estafa) and potential injunctions.

FAQ

Q: The store says “no return, no exchange.” A: That cannot waive your right to redress for misrepresentation or defects.

Q: The seller offers repair only. A: When the core issue is sold as new but isn’t, refund or replacement is the appropriate remedy; repair doesn’t cure misrepresentation.

Q: I lost the official receipt. A: Provide other proof of purchase (e-receipts, bank statement, chat where the seller confirms payment, platform order page).

Q: How fast is DTI? A: Timelines vary by office and case load. Mediation is usually scheduled first; unresolved cases move to adjudication.

Final Checklist

Preserve the item as received; document everything.
Send a dated demand with a clear deadline.
File a DTI complaint with a tidy evidence bundle.
Open a payment dispute (card/e-wallet/marketplace) immediately.
Attend mediation ready to settle; escalate if needed.
Consider small claims or criminal routes for stubborn or egregious cases.

If you want, I can turn your notes and screenshots into a ready-to-file DTI complaint package and a polished demand letter—just paste your facts and I’ll draft them.