Other PC Technology Buyers Guide: Consumer Rights

Discussion in 'Hardware' started by Blogins, 2 Oct 2011.

  1. Blogins

    Blogins Panda have Guns

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    Interesting info ShinyAli! Hope more will be contributed to this thread in this way. :thumb:

    Also an update on my exploits. The faulty AX850 is in the process of having a replacement sent to me direct from SCAN with not a penny extra spent on my side. Although I do have the luxury of free postage now and again thanks to a friend so that took care of sending the busted AX850! Then the ASUS GTX 670 has been tested as faulty but unlike SCAN this retailer is sending it onwards to ASUS themselves to provide the replacement. However a 'reasonable' time scale of 28 days has been provided. More on this as it develops!
     
  2. jimmyjj

    jimmyjj Member

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    One day we will see this thread stickied...
     
  3. Blogins

    Blogins Panda have Guns

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  4. fix-the-spade

    fix-the-spade Well-Known Member

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    Serious question!

    When returning an order(s) bought online, does the entire order have to be returned or can it be partially returned and partially refunded?

    For example:

    You buy a complete system as components from an online retailer, including screen, input devices, OS, printer etc. Can you ask for a refund on only part of the order (say GPU, monitor, cooler and HDD) under the DSR or would invoking the DSR mean returning every single piece in the order and starting over?
     
  5. faugusztin

    faugusztin I *am* the guy with two left hands

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    In my country it is possible, of course delivery fees don't apply for refund in that case. I highly doubt it would be any different in UK.
     
  6. DeckerdBR

    DeckerdBR Active Member

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    Hi All,
    Need a bit of help for a recent purchase, where what we ordered on-line and what the invoice says is not what we have received.
    We ordered and Ipad Mini plus accessories pack from Execspot.com for £269.99

    It arrived today but low and behold, no accessory pack! The Invoice says Ipad Mini plus accessory pack. So I called the retailer who has said that we didn’t order an accessory pack. I pointed out the fact that our invoice say otherwise and that when we processed the order, the page said Ipad mini plus accessory pack!

    They countered by saying that on their system, it says “none” under accessory pack and that the mistake was ours, that we did not select the Bundle 1 or Bundle 2, which were apparently the accessory packs. And that it was our mistake because the sys system would not have let us process the process the order without selecting one of those options. When I pressed him on this however, he then changed his story and said that “none” is the default option and it because we didn’t select one! I pointed out to him the following 2 things:
    A. That our invoice does not say “none” under accessory pack and that the order is listed as Ipad mini plus accessory.
    B. if I look at their current website, the Ipad mini plus accessory pack is still listed, all be it, with a price increase to £299.99 but that there are no option to select any bundle!
    His reply was that the previous ipad mini bundle had sold out and all they had left was this new one, (which is suspiciously missing any selection options for bundles/packs but happens to be named the same and more expensive!!!).
    See current link for the ipad plus accessory bundle:
    http://www.execspot.com/ipad-mini-and-accessory-pack/

    Now I can partly accept the idea that there might have been a dropdown menu we somehow missed but I can fathom (and they can’t seem to consistently explain or prove) why they would call it one thing, on one order page but then not actually provide the accessory pack, but then later change the order page to omit the dropdown but include the pack when they share the same description. I think they made a price mistake and now they are refusing to honour it.
    When I further pressed them on this issue, regarding what we consider a misleading description, he replied to say that they do that to move their hits further up the list in google search results!

    Am I being unreasonable not to believe the inconsistent info I am hearing? Are they not obliged to provide the accessory pack, as it is listed on the invoice? My misses is 98% certain there was no dropdown, and because they can’t seem to consistently explain the issue I am inclined not to believe them.
    I gave them an example that, when I once ordered a portable harddrive and case bundle from amazon, it was called “portable hard drive and case bundle” and that it contain the drive and case. I would not have expected them to have just delivered a drive and no case.
    Had I chose to order a hard drive on its own and then choose a separate case of my choosing (not a bundle) that I would then expect to see different charge lines on the invoice!
     
  7. Blogins

    Blogins Panda have Guns

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    I'll have a read of your problem in a bit DeckerdBR.

    Very good question fix-the-spade! I would say you could deal with any returns separately that had been invoiced individually. So for arguments sake it would be reasonable to assume the Monitor and PC system could be listed separately on the invoice. However if a PC system was sold as a complete pre-built then no, you can not split it apart under the Distance Selling Regulations (DSR). So simply returning a GPU or HDD would be a none starter under the DSR!
     
  8. Blogins

    Blogins Panda have Guns

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    As you were invoiced for both articles then yes, it is reasonable to expect them with your order at the stated price. Given the above statement then you have them bang to rights! Two questions, how did you make payment and finally is it worth the effort to fight over an accessory pack? It sounds like it could be time consuming so I hope you paid on a credit card. This way you can exert some very real pressure on the retailer to cough up the accessory pack.

    I can see a couple of options, the first would be trading standards. First threaten to make a complaint about the retailer to provoke a response. Then I would follow through with the complaint if they won't budge because this is false advertising as they proudly claimed in the above statement. Second, assuming it was bought on a credit card. Pay off the statement period when you bought the iPad Mini and contest the charge under Section 75 stating you did not receive your full order. For a little fun I'd say the Distance Selling Regulations (DSR) would also apply. Seek reparations under the DSR because the order as you were invoiced has not been delivered!

    Plenty of options to play with here, let us know how it goes and also if you need more advice! :thumb:
     
  9. Bitwacker

    Bitwacker C# forever

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    Just wanted to say thank you for this. I did not know I had so many rights. I also found the templates most useful.
     
  10. jimmyjj

    jimmyjj Member

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    This thread is gold.

    Bump for sticky.
     
  11. Blogins

    Blogins Panda have Guns

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    Thanks for the bump! Are there really no topics on consumer rights people want to boast about here?
     
  12. Blogins

    Blogins Panda have Guns

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    Gave the section on Chargeback a brief update. I'll look towards sinking some more time in to this thread and incorporate some of the excellent information others have contributed within the main body of this article, such as it is! For instance I did actually put the advice from ShinyAli who posted at the start of this page, in to practice and got a no fuss refund!
     
  13. maple

    maple Member

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    If you buy from an actual store do you get anything like section 75?
     
  14. Blogins

    Blogins Panda have Guns

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    You buy an item worth £100 or more on a credit card then Section 75 is applicable. It can be in store, on-line, over the phone, basically any which way you use plastic to pay for goods. The beauty of this legislation is that you don't have to pay the full amount on the credit card to get protection!

    For arguments sake lets say you buy a £2000 custom computer from a shop that they promise to deliver the following month. You pay £1900 in cash and because you're a savy consumer the remaining £100 you put on the credit card. The following week the shop goes under along with the custom computer you bought. However, since £100 of the balance was paid on a credit card you are entitled to claim the full £2000 from the credit card company under Section 75! This is why I only buy expensive items on plastic using a credit card. AVOID DEBIT CARDS because this is equivalent to spending your own money and lacks Section 75 protection.
     
  15. maple

    maple Member

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    Thank you very much sir this thread needs to be stickied
     
  16. Aracos

    Aracos New Member

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    Has their been a reason given why this doesn't get stickied or is it a case of Bit-Tech not wanting any responsibility if something bad happens?
     
  17. Blogins

    Blogins Panda have Guns

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    I've never requested it to be stickied directly but it would be kinda nice if it were! :thumb:
     
  18. Blogins

    Blogins Panda have Guns

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    Updated the HOT LINKS post with a link to some new legislation coming in next year called The Consumer Rights Directive. Well worth a read but here are the main points that would be of interest to us PC enthusiasts...

    Consumers have 14 calendar days to change their minds and return goods bought at a distance or off-premises and receive a full refund. This 14 day cooling off period begins from the date the consumer receives the goods. For services, consumers will be able to cancel within 14 days from when the contract was agreed. Where the consumer is not informed of their right to cancel, the 14 day cancellation period is extended for a period of up to one year. Importantly, the right to cancel will be extended to online auctions (such as eBay), if the goods are purchased from professional sellers. However, this cooling off period will not apply to customer-specific goods (i.e. bespoke goods).

    Period for refunding consumers is cut to 14 days - Distance and off-premises traders must refund monies within 14 days of receipt of a cancellation notice, as opposed to the current period of 30 days. The refund must include the costs of delivery.

    Retailers pay for returns, unless specified - The Directive is clear that if a retailer wants the consumer to bear the cost of returning the goods then it must clearly inform the consumer of this in advance. For certain goods (e.g. bulky goods) the retailer may need to provide an estimate in advance so that the consumer can make an informed decision before purchasing the goods.

    So mark the 13th June 2014 in your diaries for this legislation! It's very very good and clarifies a few points that were a little hazy in both the Distance Selling Regulations and The Sale of Goods Act.
     
  19. teppic

    teppic New Member

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    This part is incorrect:

    From the DSRs:

     
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  20. Blogins

    Blogins Panda have Guns

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    Amended! :thumb:

    Thanks teppic, I had forgotten to alter that portion of the DSR.
     

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