Update:
Apple rang me and said they’ve been investigating the device.
Apple devices can only be activated by opening the device.
Device was delivered to me on 22nd August
Device was first activated/opened 17 July (5 weeks before me)
Apple believes it’s possible the device was refurbished/repaired/replaced.
Then sold to me as 'Brand New' in hopes the consumer wouldn't notice.
Replaced/Refurbished/Repaired devices do not hold the same value as 'brand new' devices
So for the store, withholding that was in their best interest
And
Apple devices that arrive “Damaged on Arrival” are replaced
It’s easy for any supplier to do so with Apple
You cannot replace a refurbished device
You absolutely cannot replace a third party repaired device
No wonder the seller bailed when I said I wanted the device back to investigate with Apple/ACCC.
Was the damage on the top casing done during any replacement/repair?
I don't know yet.
PROOF: https://imgur.com/a/Ectbjs1
TLDR: Seller lied about selling a brand new macbook, it was damaged and replaced, tried to force me to accept it, once i said i wanted the ACCC involved, seller tried to get out of the sales transaction by refunding me, but no money has arrived and that doesn't mean they didn't commit a crime.
I purchased a 'brand new' MacBook 15"
Seller said it was in original condition, sealed, never activated and brand new as if from an Apple store.
Arrived and was damaged with a scratch
Rang Apple and Apple notified me the device was activated 5 weeks before my purchase
Get a call from Apple and Apple states the only way to activate a device is to open it and setup
Apples confirms refurbs and replacements keep their old warranty, stating it's likely it could be replacement or refurbished device
Seller gets item on Tuesday, by the Friday, still Apple and myself calling each day to ask for a replacement, each day seller says "we can do a replacement"
By Friday afternoon, seller still hasn't begun the replacement process, ignores me for a replacement
Friday afternoon i ask for the item back and to take it up with consumer affairs and Apple as i am unhappy i was sold a misleading product
Seller try's to initiate a refund and cuts of contact
Still don't have money in my PayPal or bank account and the computer is still at the seller.
@ExtraSalt: I think people are unaware of the rights under consumer law and think a refund is acceptable at all times.
The problem with that is, what if their refund amount is less than the value?
What if the refund doesn't take into account other costs?
What if the refund is for a house after sale and the original owners does the refund and just moves their shit in.
Just because you do a refund doesn't change the title of the goods. If that was the case. That would make a really dodgy sales environment.
Title of goods is clear. You need both parties to accept before going ahead. You can't just force a result on another person, if you do, that person has rights to fight that decision.