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Other Woes of getting an item refunded! :(

Discussion in 'General' started by Monkey_Magic, 18 Aug 2011.

  1. Monkey_Magic

    Monkey_Magic What's a Dremel?

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    Hey guys!

    I bought a motherboard + cpu a while ago to build my dad a computer. Plugged everything in and nothing worked. I tested it with a bunch of other components and the same thing. So I sent the Mobo back to the etailer who confirmed it was faulty and sent me a new one.

    The new one has exactly the same issues, but seeing as they confirmed the last one as faulty, I figured this one was too. I sent that back but they confirmed it as working this time. They sent me an email telling me this and I wrote back immediately saying I didn't want the item anymore, as it must be some compatibility problem on my end.

    That was over a week ago. They got back to me and said that since 7 days had passed I can't return the item anymore.

    I wrote that it's not my fault no one got back to me for so long - but they're saying that because I sent the item back as DOA instead of "item not required" they can't take it back.

    I don't get it. Am I in the wrong here? Does anyone know anything about distance selling regulations?
    I thought that I could cancel the order after they checked it for faults and found none, but maybe I'm out of luck.

    I don't know what to do except sell the item on ebay now, but should I?

    Any advice would be appreciated! :)
     
  2. Steve @ CCL

    Steve @ CCL CCL Tech. Support

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    Unfortunately they're right, kinda... You've technically accepted a repair / replacement which invalidates the option of a refund for the original DOA item as far as I'm aware.

    We need dates to be accurate here though, when did you buy it, when was the request to return the original sent (not when they got back to you but when you sent it) and when did they replace it?

    If you sent back the second item within 7 days if receiving it, it doesn't matter if you returned it as faulty, as a chest nut tree or even because it looked at you funny. It went from your possession to theirs within 7 days, so demand a refund. (if it's still in their possession that is)

    If not let us know the dates etc. and I'll see what I can advise.

    I'm guessing it's not from us?
     
  3. GoodBytes

    GoodBytes How many wifi's does it have?

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    When something is faulty. NEVER EXCHANGE IT!
    Always perform a full return, and re-order the part, so that the return day window doesn't continue since the day of purchase.
     
  4. Da_Rude_Baboon

    Da_Rude_Baboon What the?

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    Steve is this not still covered by the distance selling regulations? I thought you had 27 days to return the item regardless of the reason? Or is that invalidated by the exchange?
     
  5. Steve @ CCL

    Steve @ CCL CCL Tech. Support

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    27 Days?! No mate, it's 7 days for Distance Selling and a "Reasonable" amount of time for DOA, we deem reasonable 30 days but Consumer Direct advise it as up to 28.

    But no DSR is 7 days to return an item as unwanted. Which is why I'm curious as to find out if it was back in their possession within 7 days of receiving his replacement. Because he could still kick for DSR Return, his original was faulty he couldn't evaluate it, (sounds reasonable) his replacement was not to his satisfaction so returning as unwanted within 7 days of receipt of the non faulty item (allegedly non faulty)

    That's how I'd wing it anyway (as a customer)
     
  6. sp4nky

    sp4nky BF3: Aardfrith WoT: McGubbins

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    It's defined as seven working days.
     
  7. xMathiasD

    xMathiasD What's a Dremel?

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    in denmark its 14 days! ^^
     
  8. SuicideNeil

    SuicideNeil What's a Dremel?

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    Uk =/= Denmark.

    My question would be what are the other components the OP has tried and were there any signs of life at all or not ( mobo beep, lights, fans etc )? It might be something simple & it can be gotten working afterall...
     
  9. Behemoth

    Behemoth Timelord in training

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    Sale Of Goods Act - Not Fit For Purpose then :)

    You only get longer with DSR if the company you got the gear from gave you no DSR period at all, then it's extended by upto 3 months and 7 days from day after delivery. This legilsation is ancient now though, needs revamping to be the same as the door step selling regulations, if you get no cancellation period from the trader then you have the right to cancel indefinatley.
     
  10. Monkey_Magic

    Monkey_Magic What's a Dremel?

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    Hey, thanks for the responses.

    The dates were as follows:

    Original purchase 16/07/11
    Original return 26/07/11
    2nd delivery 02/08/11
    2nd return 08/08/11

    They informed me that there was no fault on the 10/08/11, when I also said I'd rather not have it back. It was delivered on 11/08/11, and they said they were looking into my request and would get back to me. They didn't and I sent them an email again on 16/08/11. They replied on 18/08/11 saying it was too late to return.

    I guess it's probably right, but it's just annoying that they took so long to get back to me about it all, and said I couldn't return it because I filed the claim as DOA instead of Item Not Wanted!

    It was the cheapest motherboard they had, though, so I didn't lose much. I only hope that if I sell it on Ebay then the buyer doesn't have the same problems I did!

    It was an Athlon II X3 450 with an Asus M4N68T-M LE V2 motherboard. What happened was everything went on okay - fans spin and the power light on the mobo lights up, but there were no beeps and no video output. I swapped out everything except the CPU as I didn't have a spare AMD CPU lying about, so I guess it could be the CPU.

    I've ended up buying a better motherboard in the hopes that this one will at least give me some diagnostic beeps!
     
  11. sp4nky

    sp4nky BF3: Aardfrith WoT: McGubbins

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    That's not likely to work since it's already been proved to be working and it's a motherboard. Unless it's been mis-sold, it's going to be fit for the purpose it was bought for, no?

    The only option I can see except for reselling (ebay) is to ask the retailer if they'll take it back. Of course, it would be subject to a restocking fee but at least the retailer knows it works.
     
  12. Behemoth

    Behemoth Timelord in training

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    You m iss understand me, fit for purpose meaning it was bought with other componenets, it was purcahsed in line with the purpose of it working with those parts, it does not so therefore not fit for purpose :)
     
  13. SuicideNeil

    SuicideNeil What's a Dremel?

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    ^The trouble is he only bought the cpu & mobo together, not the rest of the components in the system- compatibility with those could be the issue and therefore 'not fit for pupose' doesn't come into it.

    I used to have the same mobo in a couple different revisions- both died on me after a matter of days & weeks; do not buy the cheapest mobo possible as it is cheap for a reason ( wont play HD video well, won't play nice with certain cpus and ram etc ). Do a bit more research and spend a bit more money for something more modern..
     
  14. Steve @ CCL

    Steve @ CCL CCL Tech. Support

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    Yeah that doesn't work mate, I could buy a tennis ball for digging a hole and it's probably going to be crap at it, but that doesn't mean it's not fit for it's intended purpose.. of being a tennis ball.

    Regardless of what somebody buys something to do, not fit for purpose means the item can't live up to it's manufacturer intended use. Not what you think / want it to do.
     

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