Can you get refund ?

[straxusii]

There is another relevant law, the sale of goods act.

Quite simply goods sold need to be fit for purpose, if they arent the retailer must refund/replace.

This law goes beyond warranty periods and distance selling.


For example, lets say I bought a graphics card, 6800GT, which claimed to be able to do a certain type of video processing and it later transpired it couldnt. I could claim a refund or replacement from the retailer even after the warranty has expired.

 

[nightmare99]

For example, lets say I bought a graphics card, 6800GT, which claimed to be able to do a certain type of video processing and it later transpired it couldnt. I could claim a refund or replacement from the retailer even after the warranty has expired.

Your talking about a technicality and you would have to prove it.

There should always be some give and take and I wish people would be reasonable with each other, its just a few that will go as far as they can to get what they want at the detriment to others. (not referring to people on here just from past experiences).

 

[chaparral]

if you not satisfied with your product can you return it to ocuk and get refund is there some kind a 28 policy could i return mine 3870xt back ? or i will have to sell it my self now ?

Why you not satisfied with your 3870xt ???

 

[darude]

Thanks for that smart alec reply... however if you bother to read up on the DSR you will find I am correct... the DSR is designed to give you the consumer the ability to view and handle said item as if you were in the shop - however its loose enough in definition that you can usually open and test said item aslong as its returned in perfect condition - however the retailer is perfectly within their right to refuse to accept back an opened item on examination if it is not faulty (which is a whole different situation) - one case in point being the intel retail boxed CPUs I'm not sure what any particular retailers policy is on taking these back under the DSR but strictly by opening the box you wouldn't be able to.

I'd like to know really happens in this situation. Obviously the intel retail box are designed in a way when it's open, it's impossible to reseal as if it was never opened. What does OcUK do... Will they really refund you on distance selling act? - even if you've opened the box and never used the CPU. If so, do they replace the box?

 

[jigger]

Your talking about a technicality and you would have to prove it.

There should always be some give and take and I wish people would be reasonable with each other, its just a few that will go as far as they can to get what they want at the detriment to others. (not referring to people on here just from past experiences).

If you buy any product thats addvertised to do a job then it must do that job.
I cant see the detriment in that, whats wrong about standing by your word as a company or a person?
Where i do see a problem is how more and more companys and people seem to think its ok to try and hide behind a ridiculous returns policy or think small print terms and conditions can navigate peoples consumer rights.

 

[JBuk]

Your talking about a technicality and you would have to prove it.

There should always be some give and take and I wish people would be reasonable with each other, its just a few that will go as far as they can to get what they want at the detriment to others. (not referring to people on here just from past experiences).

the onus is on the retailer to prove that something does what it says , not for the consumer to prove that it doesnt

 

[chaparral]

I'd like to know really happens in this situation. Obviously the intel retail box are designed in a way when it's open, it's impossible to reseal as if it was never opened. What does OcUK do... Will they really refund you on distance selling act? - even if you've opened the box and never used the CPU. If so, do they replace the box?

Most likely sell it as B-grade http://www.overclockers.co.uk/showproduct.php?prodid=BG-047-IN&groupid=595&catid=686&subcat=

 

[nightmare99]

Obviously the intel retail box are designed in a way when it's open, it's impossible to reseal as if it was never opened.

Its upto individuals but I don't view it as morally correct, if you were to open something return it under DSR and make it un resellable as new somebody is going to loose out be it the next purchaser of the item (if you recieved an open intel cpu phoned up and told "Its ok somebody bought it opened it and returned it under DSR" I bet you would not be happy with that)
or the reseller may have to make other arrnagements such as

Most likely sell it as B-grade

and take a loss on it (this cost would have to be covered somewhere maybe by pushing margins up for everybody).

I understand the piont "The DSR is there your entitled to so why not" but if you purchased something from a shop your not entitled to use it and return it after 7 days because you don't want it

 

[chaparral]

I understand the piont "The DSR is there your entitled to so why not" but if you purchased something from a shop your not entitled to use it and return it after 7 days because you don't want it

Buying items over the internet is very different to buying in your local shop..........as you can't see the item/s your buying

 

[darude]

Most likely sell it as B-grade http://www.overclockers.co.uk/showproduct.php?prodid=BG-047-IN&groupid=595&catid=686&subcat=

Be good to get an OcUK staff's feedback on this

 

[Secret_Window]

I bought a pair of headphones from a competitor before, I simply opened the box and realised before even taking them out that they were not going to be comfortable. So I rang up the company to return this item under the DSR and that I would like to pay the difference for something else, I got told I couldn't do that, and that it had to be faulty for me to return it. Obviously I got on my high horse and told them they were breaking DSR but they were having none of it and just ignored me.

I guess that's the problem with buying stuff over the internet sometimes.

 

[helmutcheese]

Thanks for that smart alec reply... however if you bother to read up on the DSR you will find I am correct... the DSR is designed to give you the consumer the ability to view and handle said item as if you were in the shop - however its loose enough in definition that you can usually open and test said item aslong as its returned in perfect condition - however the retailer is perfectly within their right to refuse to accept back an opened item on examination if it is not faulty (which is a whole different situation) - one case in point being the intel retail boxed CPUs I'm not sure what any particular retailers policy is on taking these back under the DSR but strictly by opening the box you wouldn't be able to.

NOT true.

You can open an item and use it fully for 7 days, then call up on that day and simply state you do not like it, be it style or colour does not match your curtains or simply give no reason bar you dont want it end of story.

It does not need have a fault, you must have not damaged it in any way and have all the packaging inc manual/leads etc.

I have done it with £2000+ HDTV's that I was not happy with for the money.

 

[Vertigo]

Whether you can return used items seems to be a bit of a grey area as the DSR doesn't specifically mention it, regardless of the polar opinions on here.

ISTR that the DSR does state that the items must be in a condition whereby they can be sold "as new" to another customer, although don't quote me on this. If so, then this would presumably preclude used items as surely they can't be resold as new.

Personally I fail to see why a retailer should be forced to take a financial hit simply because you've changed your mind. Even if you could package the item back up so the retailer (and subsequent customer) couldn't tell it had been used, how would you feel if you were that customer and someone else had already played with your goods?

At the end of the day it's fairly academic because, as Secret_Window points out, the retailer can just ignore you and refuse to take the items back. The law may be on your side but are you really prepared to take legal action to recover the money? Perhaps you would on higher value items but on smaller value ones most people just won't bother and the retailer knows that.

 

[helmutcheese]

Hey thats the rule if you read it properly like it or lump it.

The retailer is in the business where peeps may not like something in the flesh, I for one did not like quality not the style/colour of the TV's.

I dont abuse the DSA but have used it and never had any issue with store, they even have to refund the postage out cost and if its a fault postage both ways, if they dont like it they shouldnt be in business.

And are you joking about the last part, who aint gonna take legal action to get £2000+ back.

 

[Darkwave]

I'm not condoning misuse of the DSR, but Vertigo1 it only takes one call to the OFT.

They might be slanted heavily in favour of the consumer but, as helmut says (and we rarely agree on things), it's a pretty black and white issue and the DSR is pretty strictly enforced in my experience.

 

[Vertigo]

And are you joking about the last part, who aint gonna take legal action to get £2000+ back.

What part of this bit did you not understand!?

Perhaps you would on higher value items but on smaller value ones most people just won't bother and the retailer knows that.

 

[helmutcheese]

WHAT part do you not UNDERSTAND ? (regardless of cost of item, whats lower to 1 peep may be higher to another), where do you draw the line?.

You have been told by more than 1 user above your info is not fact, so get over it and move on.

Your trying to preach something I have exercised more than once and got 100% satisfaction each time other than the fact the product wasnt as good as it appeared to be.

 

[Vertigo]

WHAT part do you not UNDERSTAND ? (regardless of cost of item, whats lower to 1 peep may be higher to another), where do you draw the line?.

Well duh! Why do you think I used vague terms like higher and lower value rather than quoting exact figures? Of course everyone's definition of a "higher value" item will differ.

You have been told by more than 1 user above your info is not fact, so get over it and move on.

I never claimed any of it was fact, try reading again. I was merely stating my opinions and even included a qualifying "ISTR". The only thing I stated clearly was that this was a grey area in the DSR wording, which it is. Nowhere in the Act does it explicitly state what you are permitted to do in terms of using the item or opening/damaging the packaging, it merely says you have to take "reasonable care" of them. If you want to dispute that then fine, but try producing some hard facts to back up your argument, i.e. direct quotes from the Act, rather than simply claiming your own opinion as fact.

Your trying to preach something I have exercised more than once and got 100% satisfaction each time other than the fact the product wasnt as good as it appeared to be.

Oh get over yourself Preaching? You obviously don't know the meaning of the word. At no point was I preaching anything.

 

[helmutcheese]

You talk a lot of Tosh TBH, Im not gonna bother arguing with you.

You have proved you are clueless on the topic of the DSA even after others who have used it telling you facts.

 

[JohnnyG]

Stop arguing.