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OMG i give up ! 580

Marine-RX179 said:
I don't think that's what it means. What "hasn't taken reasonable care of the goods" mean is the returning an item in a state that's poorer in condition than the state that the customer received it.
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This is an interesting topic, and thanks Hope for the quote.

"The DSRs allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods"

Trying a card in your machine is not examining the goods as you would in a shop, so I don't believe you'd be covered if they knew the truth. When it says "If that requires opening the packaging and trying out the goods" that's comparible with trying on a jumper, not testing a graphics card.
 
so guys am i within my righsts to send it back under dsr if im not happy with it
ive opened it, used it for about an hour ( if that ) and packed it back up
ive not mentioned OC'ing, just ive discovered its not what i want
 
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Triggaaar said:
This is an interesting topic, and thanks Hope for the quote.

"The DSRs allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods"

Trying a card in your machine is not examining the goods as you would in a shop, so I don't believe you'd be covered if they knew the truth. When it says "If that requires opening the packaging and trying out the goods" that's comparible with trying on a jumper, not testing a graphics card.
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So em....how do you "try" the graphics card and find out how well it fits your needs without em....installing it? :confused: :)

It's like saying I can look at a jumper but not try it on as I may stretch it for example, haven't taken great care of it when buying it and then trying it on then have I?

GJ02 said:
so guys am i within my righsts to send it back under dsr if im not happy with it
ive opened it, used it for about an hour ( if that ) and packed it back up
ive not mentioned OC'ing, just ive discovered its not what i want
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As far as I'm aware you should be fine, you just changed your mind, wasn't what you expected from the product :p
 
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Because a guaranteed overclocking target is not part of the feature set it's sold with, only the ability too overclock.

If they all met that clock they would have set them at that Mhz with to start with.
 
Scougar said:
Because a guaranteed overclocking target is not part of the feature set it's sold with, only the ability too overclock.
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this is true
but would you be happy spending £430 on a card that you cant really overclock ?
would you DSR it ?
 
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At the end of the day, regardless of this interesting debate, it's still worth a shot at sending back, if they say no then u'll have to rethink things, if they say yes then great - but doing nothing u'll never know.
 
Don't forget if you send it back you'll get a refund for what you paid at the time, not now.

I believe the prices have gone up since and the stock levels are poor so you might end up waiting a while for another and paying more for it when you do get one.
 
jrodga2k5 said:
So em....how do you "try" the graphics card and find out how well it fits your needs without em....installing it? :confused: :)
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You can't. The law (from the quote already posted) doesn't say you should be able to try everything, it says you should be able to try as if you were in a shop, and you can't try graphics cards in a shop (you can take them out and look at them). So what if you buy food online, you think you can eat it and send the wraper back? The law isn't trying to allow you to try everything out in something, it's trying to give distance buyers the same opportunities and rights as those who buy from shops.

Anyway, we're going OT.
OP - send it back, no need to say you tried it, why complicate things.
 
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Triggaaar said:
You can't. The law (from the quote already posted) doesn't say you should be able to try everything, it says you should be able to try as if you were in a shop, and you can't try graphics cards in a shop (you can take them out and look at them). So what if you buy food online, you think you can eat it and send the wraper back? The law isn't trying to allow you to try everything out in something, it's trying to give distance buyers the same opportunities and rights as those who buy from shops.
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Horrible example. Consumables are totally different to electric goods :o

Its fine to test a graphics card and to see if its what you want or need. Like others have said its up to the e-tailer to agree with the DSR.
 
mattjd said:
Horrible example. Consumables are totally different to electric goods :o

Its fine to test a graphics card and to see if its what you want or need. Like others have said its up to the e-tailer to agree with the DSR.
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Whilst consumables are completely different from electrical goods, the main point is valid, it's to allow you to "test" as if it were in a shop - I'm not sure how many shops would let you take a product out the box, let you set up your computer there and install the product in it, then proceed to overclock it before you decide to commit your money to the product.... If I was a retailer I know I wouldn't let people do that - you're in business to make money not to lose hundreds every time someone wants to do stuff like that, cos the retailer won't be able to send it back either...
 
As it was said before your allowed to test the item.
The only way to do that is open it and put it in a computer??!!
This is pure basis of the law.
Obviously u have to take care of the product and all it's packaging.
By overclocking u haven't invalidated your right to return as evga offer and encourage oc.
Providing software exactly for this purpose.

You will be fine GJ02
 
Skyrocket said:
As it was said before your allowed to test the item.
The only way to do that is open it and put it in a computer??!!
This is pure basis of the law.
Obviously u have to take care of the product and all it's packaging.
By overclocking u haven't invalidated your right to return as evga offer and encourage oc.
Providing software exactly for this purpose.

You will be fine GJ02
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Yes but the item in question is not faulty is it? It's not that it's not overclocking at all is it (as it's marketed for)?

It's just that it's not overclocking ENOUGH to satisfy the OP. I can't see that being acceptable enough to return something under DSR.

Of course if he doesn't mention anything he won't be found out, but that's besides the point.

You can test the product to ensure it's not faulty and performs as it says on the tin, but anything more than that is not guaranteed or promised.
 
Testing for faults isn't really DSR though it's your statutory rights to have a working item, and you wouldn't be sending it back under DSR if it were faulty. It is doing everything the items' marketing has said it should do, and I still do not believe that actually using the item still gives you the right to send it back as I said before I wouldn't accept it if I were the retailer - again all of this is kinda speculative though as it depends what you tell the retailer. You wouldn't be allowed to test it in the shop, so why are you allowed to test it at home by buying it over distance?
 
I'm pretty sure you can't DSR is just because it doesn't overclock that well. Overclocking on most products removes the warranty because the product is performing outside of the manufacturers recommended specs.

You shouldn't have bought the card to overclock it, you should have bought it for the stock performance.
 
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