I get your point, but what happens to the items that get returned then? do they just get binned?
If they don't get sold on then soon we wont be able to return such items and purchasing expensive hardware with all its compatibility issues could be a big risk!
They should be used in systems, sold as OEM and reboxed in brown cardboard or sold as returned grade items for a lower price. Thats what should happen.... the reality of course is being discussed in this thread.
The main issue it that the distance selling regs were never really meant to provide MORE rights than you would get if you walked into a shop and bought the item there, just the same rights. However if you did walk into a reseller with cash and bought a card and returned it next day, you would be charged a restocking fee in most places ( usually 10% ) if the item was not faulty. Buying in person meant you had no right to just change your mind and expect a full refund for no reason without cost. Some places would, and thats fine if thats the terms they have, but by law they can charge a restock fee to offset the loss of value of the item now it is "used".
If you walked into a store and wanted a gfx card you may be allowed to open it and inspect the card prior to purchase, but a lot of places wouldnt let you. The distance regs were meant to offer that same level of inspection... in many cases that would be to see the box and thats about it!
You mention imcompatibility. The practice of buying items to test in your rig and send back if they are incompatible with something you already have is misusing the distance selling regs.
This has never been a reason to return an item for a full refund when buying "in person" at any place i have worked for. Shops will always have a disclaimer stating that they cannot promise compatility and that its down to the customer to check before purchase. The distance selling regs were not meant to be a try before you buy system for computer parts, but thats more and more the case now. The risk of compatibility is down to the customer and not the retailer, this has always been the case but the distance selling regs now provide a shield by which people can mess about buying parts to test them out.
The arguement is that if you want a fully compatible pc then buy a compete system off them. If you buy parts its upto you to get it working etc. This was always the case before internet trading took off big style.
The big issue here is trust. If you cannot be assured that a new item is in fact new, then how can you trust them to provide after sales care.
( note for those not reading the entire thread... this is NOT about ocuk, this is about retailers in general )
I could go into detail about all manner of things ive seen when working in places. I wont as it would shock some people to death
But such practices as selling refurbished hard drives as new, and sealing them in anti-stactic bags and putting warranty stickers over the "refurbished" labels is the sort of thing.... or taking entire shelves full of knackered gear ( that had been tested as faulty ) down to computer fairs in a van at the weekend and flogged off. Ive seen it personally, and all i will say is that the place that did it is still trading and still has the same management! ( and no its not ocuk, its a place in the city of manchester )