Returning a graphics card

pete248 said:
I am not going to court, so i'm ringing my bank for a chargeback now, if this doesn't work then i'll try and find someplace to sell it and make sure I check specs any time I buy anything next time!
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Sorry to hear things aren't going too well for you :(

If it doesn't work however I would advise selling your v1 instead as unless its factory over clocked a lot the v2 should outperform it despite the lower memory bandwidth (due to the v2 having higher ram/GPU/shader clocks stock and this v2 being factory OC'd and also the v2 being newer architecture), you could then get another v2 or a 560 if you still wanted to run SLi.
 
Mate, just do a chargeback next month, then update when you get all your money back :)

Defo don't sell it to make a loss, as that means they win, and we dont want that!
 
ubersonic said:
Sorry to hear things aren't going too well for you :(

If it doesn't work however I would advise selling your v1 instead as unless its factory over clocked a lot the v2 should outperform it despite the lower memory bandwidth (due to the v2 having higher ram/GPU/shader clocks stock and this v2 being factory OC'd and also the v2 being newer architecture), you could then get another v2 or a 560 if you still wanted to run SLi.
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My V1 was clocked at 880Mhz, and i've actually already got another 460 (from the wonderful B grade section of OcUK), I had to bump my overclock down to 810 but it's running wonderfully :) Thanks for all your help guys, even the people who thought I was wrong, it's always useful to have an opposing opinion!


Nexus said:
You still need to return it to them if you are going to issue a chargeback.
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I'll ask Santander what to do about that when I ring them on the 14th :)
 
You can't just issue a chargeback on a whim. You have to prove to your credit card company the facts of the case. Like somebody I know received a semi-faulty item and they asked for him to get it examined by an expert to prove it.
 
norm said:
It's no different to you buying a CPU with a different type socket to your motherboard. The onus is on you to check its compatibility.
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Which he could return under DSR

norm said:
But besides that, you used the item and told the retailer, he is under no obligation to accept it back (and I fully agree with him in that no shop would let you try out graphics cards in store, they wouldn't even let you remove it from the packaging.)
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And can you please point out where in the DSR it states the item must been unused?
 
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norm said:
You can't just issue a chargeback on a whim. You have to prove to your credit card company the facts of the case. Like somebody I know received a semi-faulty item and they asked for him to get it examined by an expert to prove it.
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Ok, well when I ask Santander for a chargeback i'll give them the facts of my position (i'll send them my email correspondence if they want). If I have to pay for an expert to prove that a graphics card is hardware that'll be completely laughable (actually laughing at the idea of that).

Nexus said:
They will ask you to return if it you haven't already done so.
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Fine, but I'm uncomfortable about doing that until I've initiated the chargeback process and had the blessing from the bank.
 
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pete248 said:
My graphics card might classify as computer software. I said well it's not really, it is computer hardware. He said that is up to a judge to decide and interpret the law as he sees fit, he called a trading standards guy and they concluded that my graphics card would be classified as computer software.
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Erm?

The whole reason behind the software being ruled out from DSR UNLESS still sealed is due to licensing and serial codes, that and the ease things like that can be copied.

I'd like to see their justification on deeming a GFX card as software.
 
pete248 said:
Fine, but I'm uncomfortable about doing that until I've initiated the chargeback process and had the blessing from the bank.
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But the Bank will require you to send it back... you can't dispute they aren't giving you a refund when you have the item.

You simply send it back via a tracked and insured service like Royal Mail Special Delivery. Depending on the size of the company, they might just process the return as it is. If its a business being run by this one guy who is replying to your e-mails then perhaps not.

Ultimately though, if the item is returned to them, they can't no do anything about it, they have to give you the refund. By arguing against him over e-mails, he has tried to deter you by saying you aren't getting one.

If they don't refund you, then you can issue a chargeback with the bank because they haven't refunded you. The Bank is going to investigate and the business is going to want their property back.
 
pete248 said:
Ok, well when I ask Santander for a chargeback i'll give them the facts of my position (i'll send them my email correspondence if they want). If I have to pay for an expert to prove that a graphics card is hardware that'll be completely laughable (actually laughing at the idea of that).
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Never laugh at the ridiculousness of stupidity, one of our sister company's once managed to lose a case because the solicitor for the insurance firm they were claiming off convinced the judge that hubs are not computer related devices and so not covered by the policy on the I.T equipment >.>
 
Of course gents! Just making sure it all went smoothly so I could write up the full story :) So after being rejected initially, I decided to email customer service again (not the particular agent I was dealing with) and ask very politely if I could return the graphics card. Lo and behold, the same guy replies (who I was talking to initially) saying he will recheck my request again on Monday (as it was a Friday). After not being emailed on Tuesday, I emailed again asking what the decision was, and they replied with this:

"It's a change of mind return which has been opened and installed on your
system, if you still wish to return it we will need to charge you a
restocking fee."

I said that under the DSR I don't believe they could charge me a restocking fee. They then replied with:

"DSR states that if a customer returns an item unused and unopened then there
is no restocking fee. However, when the item has been used "more than
examined", then we can charge you the restocking fee based on the condition.
However, if the item's condition is as new then there will be no charge but
you will need to send the item yourself."

And that's pretty much it! They sent me and RMA number and asked me to adjust my feedback on trustpilot (I kept the original review and just made an edit at the bottom), I returned it and got refunded. I actually asked him why they changed their mind and he said it was because my return had to be approved by "the board". So I asked why he couldn't of just said in the first place to avoid confrontation, and it was because "he had no option", he had to decline my return until he chased it up with "the board". Hmmmm.

So after all that, being persistent was worth it! Thanks for all your help guys!
 
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dsr doesn't mention 'more than examined' or indeed any situation where a restocking fee is allowed.



*at least if it does, I haven't ever seen it
 
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