Your correct about the Distance Selling Regulations (DSR). For whatever reason as long as you state you are returning goods before expiration of 7 working days from receipt of them then you are perfectly entitled to a full refund which includes the delivery charge. However you are responsible for returning the goods in the same condition they arrived and the retailer is not necessarily responsible for return delivery costs. Under this legislation you can try the goods prior to returning them since that is the whole point of the DSR! Where as in a shop you can view the item in your own hands before making a purchase so DSR does not apply. Just wanted to pick up on this... Under the Sale of Goods Act 1979 (as amended) it is the retailers responsibility (so SCAN) to sort the problem and not the manufacturer (in this case XFX). Since under law it is the retailer you form a binding contract with whenever you buy goods. So just like modd1uk, if you know the goods are faulty don't take no for an answer!
The thing is, and ive had this a few times at Scan, if you buy XFX, they say the only thing they can give you is XFX, was the same with my Dlink router i returned, they said i could only have a Dlink, but given there was only one other model in stock and that had the same problems i refused it.
I bought the card on the 15th of April, and reported the fault on the 18th of that same month. I knew there was an issue pretty much straight away. It's probably safe to say the fault was there from manufacture and slipped through Q.C. That places it squarely under the same part of the Sale of Goods Act. I should of acted firmer and not accepted their findings. Good lesson in humility to be had in here; no matter how good the company is purported to be, they can still make mistakes. You are correct about the DSR. You don't even need a reason to return items under DSR, they just have to take it, as long as you declare your intent to return within 7 days of purchase. Trust me, on this occasion i am kicking myself for not buying online.
With the Dlink I gather there was a known issue, so fundamentally the product is not as advertised or in legal speak, 'not fit for purpose'. So a complete alternative replacement was the right thing to do. However although XFX are not renowned for quality, replacing like for like in that case is correct where possible. Then if not, an equivalent or the monetary value to get a replacement should be given in the event the original faulty XFX graphics card can not be repaired.
How many opportunities do you have to give them to repair something like a gfx card though ? When you are capable yourself of diagnosing the fault, then xfx send it back with no fault found. Theres only so long somebody can be without a computer nowadays (as sad as that may seem).
Just for future reference, being that the issue was discovered and reported within 3 days then a no quibble refund should have been your right. Under the Sale of Goods Act 1979 (as amended) you are entitled to a full refund 'within a reasonable time frame' and I think 3 days is the very definition of 'reasonable'! Process the refund and buy the same card again, two separate transactions! I've done the same in the past on my credit card, received a faulty 5870, processed a refund and bought another whilst the refund was being credited. Unfortunately the second 5870 was also faulty!
Starting to think i should get a credit card for the added protection, i only ever pay debit card, or cash ! Would you advise it ? I mean i wouldnt buy something on the credit card unless i had the cash in my other bank account, if i didnt make sure i had funds then i would end up going on a mad spending spree !
That's the right way to think when applying for a credit card. Only spend within your means and always clear your credit card at the end of the month so you don't pay interest. For my expensive purchases I use American Express, they have an on-line system through which you can complain. So be it Chargeback or Section 75, you don't even have to post a letter. Just use their internal mailing system to raise a dispute! Also dead easy to pay off the credit card each month because that can also be done on-line using a debit card!
Just looked on that moneysupermarket (Sorry for thread hijack Instagib, i have scaled your thread off course slightly). Theres an M&S one on there, says 0% on purchases for 15months, so pay before 15months and dont get charged any interest i imagine ? Im 24 and never had a credit card, i feel like a child !
You still need to pay a 'minimum' monthly contribution on that credit card. It simply means you don't have to pay the complete outstanding balance (spend) on your credit card at months end! So don't let the 0% fool you, the credit card still requires monthly repayments in one form or another!
I shall go and research, im not bothered about payments, as like i said before i wouldnt buy something unless i had the cash, i just dont want to get one and get stung for over 9000%.
Nice one! Be sure to give it a thorough test on receipt of the goods! For the love of all things holy I hope they throw in the free batman game for your troubles!
Quick picture for Instagib to lighten the mood. Its about as far as my paint skills can take me, shamefully edited a picture found on google.
I had to send them a query on tuesday to remind them to send the replacement out as they hadn't sent any dispatch emails or anything. They finally got round to sending it out on thursday; 4 days after they were back in stock. So much for the promise of "as soon as we get them, we'll send it out". Got my card back yesterday when i got back from work. Immediately stuck it in my rig and got about stress testing. All seems good so far. Scan didn't send me a batman voucher :-( Right, now that's done, i personally will never be shopping at scan again.
The thought did cross my mind so i checked; it's not the one i sent them. This one works for a start.
Glad you got it sorted and nice avatar! These days if I get any problem I go for the refund straight away. Then when you come to buy again you start with a fresh warranty and back to zero days for your 6 year guarantee under the Sale of Goods Act! I am perplexed by the full cover adverts of superb customer service from SCAN on CustomPC. Usually have problems in my experience but they do have such nice things to buy! Just use a credit card for spends over £100 and you're covered.
I'm not over the moon with Scan's policy on graphics card replacements but it seems there are lots of places doing it these days. I wouldn't ever consider RMA'ing direct with Asus. I've RMA'd two motherboards to them and they both took 3 months to come back to me (and they didn't sort the problem with the second)
