DSR and promotional codes.

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Caporegime
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Does anyone know the law regarding DSR and promotional codes?

Bought a gigabyte r9 280x from ocuk

it's ridiculously loud 80c with 100% fan speed (yes my own fault for not looking at reviews, but my previous 2 cards were windforce and I was perfectly happen with them)

I installed the card , used the bf4 code so I had something to test it out , played about 30mins of bf4 decided the card is far to damn loud, my kettle is quieter! it drowns out my 5.1 speakers and I live in a flat so can't just keep turning the volume up :(

OCUK have said
Dear XXXX XXXXXXXX,

Has the BF4 code been used? If so it doesn't qualify for a return under the DSR as the product is not complete.

Regards,
XXXX XXXXXXX

Can they really refuse based on a code that technically was not even inside the graphics card's box and not part of it?


I replied saying they could deduct 32.99 which is the cost of bf4 premium on the ocuk website. (the amd code is only the standard version)

cos there is no way I am using a card this loud

I have not had a reply yet but I'm imagining ocuk are going to be funny with me and say no based on me having used the code.


I know some people would just buy the card and return them for a free game but I genuinely can not use a card this loud and don't care about losing money in order to compensate them for having used the code.
 
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I'm on their side with this 100%, you've used and taken away part of the product - it's not complete anymore.

but the code was not inside the actual box with the card so the card is technically complete and as I said I would be willing to lose the cost of the premium edition of bf4 in order to return it. (game code is for the standard version)

The card even says it's a time limited promotion , it is not part of the graphics card , it is not listed as being in the box contents of the card.

It's like saying you can not return an order if you have eaten the haribo (which bizarrely I didn't just in case the mobo is DOA)
 
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but the code was not inside the actual box with the card so the card is technically complete and as I said I would be willing to lose the ost of the premium edition of bf4 in order to return it.

I think if you are happy for them to deduct the cost of BF4, then I think it is more than reasonable to expect them to then DSR the card.
 
Does the invoice show the bf4 code as a separate item and if so does it have a non zero value. If it's shown as a separate item, especially a zero cost item then I think the card should be returnable.

Andi.
 
but the code was not inside the actual box with the card so the card is technically complete and as I said I would be willing to lose the ost of the premium edition of bf4 in order to return it.

If they were supplied that game with the card by the supplier then what you're asking them to do is quite the big hassle and seeing as the DSR is quite a pain in the arse for an online retailer to deal with anyway, I wouldn't be inclined to do it if I was them either.

Because they'll have to reallocate another copy of the game from their regular stock to 'make' that bundle again - which will presumably be a more expensive boxed retail copy, not a code on a bit of paper.

Getting around it probably isn't as simple as you imagine it to be is what I'm saying.

If they bundled it with the card themselves then it would probably be easier but still.
 
Does the invoice show the bf4 code as a separate item and if so does it have a non zero value. If it's shown as a separate item, especially a zero cost item then I think the card should be returnable.

Andi.

Listed as a separate item but also included in the title of the card
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and a separate invoice for a heatsink that was supposed to be free with my motherboard that someone forgot to put in with my order so was sent the following day when I complained.

I guess technically if I wantd to return that mobo for any reason and I had never asked why I had no free heatsink they would have told me I could not return it even though I would never of had the freebie :rolleyes:

If they were supplied that game with the card by the supplier then what you're asking them to do is quite the big hassle and seeing as the DSR is quite a pain in the arse for an online retailer to deal with anyway, I wouldn't be inclined to do it if I was them either.
I bet they get more codes than they have GPU's so I doubt it would be a big deal
 
The invoice shows the card comes with BF4, since you've used the code it no longer includes BF4 and therefore isn't the original item with all the bits.
 
The invoice shows the card comes with BF4, since you've used the code it no longer includes BF4 and therefore isn't the original item with all the bits.
so should I see my solicitor and try to make an argument about it not being fit for purpose and return it that way?

based on gigabyte releasing beta bios that are trying to lower the fan noise whilst stopping the cards overheating....


I suspect a design flaw with the windforce cooler and that's the reason the rev 2.0 with the black pcb having visually larger fans and a different shaped shroud
 
If I was ocuk, I'd take the card back. It's supposed to be a no quibble return policy. Quibbling over a zero value item in a bundle is definitely quibble. ;)
 
so should I see my solicitor and try to make an argument about it not being fit for purpose and return it that way?

based on gigabyte releasing beta bios that are trying to lower the fan noise whilst stopping the cards overheating....


I suspect a design flaw with the windforce cooler and that's the reason the rev 2.0 with the black pcb having visually larger fans and a different shaped shroud

Hold your horses, considering you've not even had a reply from OcUK yet it's a bit early to be throwing solicitors around, you could just talk to them about returning it due to it being crazy loud and that is what looks like a known problem rather than trying to DSR it.
 
If I was ocuk, I'd take the card back. It's supposed to be a no quibble return policy. Quibbling over a zero value item in a bundle is definitely quibble. ;)

good point.

I thought DSR does not even include the packaging anyway? or did the description change?

Hold your horses, considering you've not even had a reply from OcUK yet it's a bit early to be throwing solicitors around, you could just talk to them about returning it due to it being crazy loud and that is what looks like a known problem rather than trying to DSR it.
My family has a solicitor anyway so not like it would cost me anything to get a detailed written letter citing reasons for returning it..

But anyway yes waiting for a reply before anything...

gonna start putting the rest of my sons pc together whilst I wait I guess.....

Should I turn this thread into a build log :D
 
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Why would they have more?

You think they are sent exactly 1 code for every GPU they order? Guess you never worked anywhere that had promotional codes ;)

usually there's so many staff can have one each

It doesn't but a game code isn't packaging.
It's not part of the product either and I would argue less so than any instructions or the box the gpu came inside.
 
Just wait, its Black's Friday and OCUK is probably very with their sales at moment. OCUK has never fail once on me. Be patient and wait.
 
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