Returning a graphics card

toon_mad · 20 Jun 2012 at 08:59

Can they even spell correctly:

pete248 said:
Had an email back already:

"...

The 7 day DSR period does not allows you to try out the goods and return them. You can only examine them as you would in a shop. (You are not allowed to take the sealed wrapping of the item in a shop) take it out, try it out on a system and return it.

We cannot accept this card back as it is your fault that you did not carefully checked the specifications before buying. GPUs are sensitive components of a system and we cannot accept items back once they are used and original seals/shrink wrappings removed.

..."

Idiots

Ghosteh · 20 Jun 2012 at 08:59

This is taken from another site. It's basically going though another websites T&C's and then showing what is wrong with them. But the quote below applies to you I feel.

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. 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. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.

How can I resell the goods as new if they have been opened
and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel
on this point. Unless one of the specific exceptions referred to above
at paragraph 3.38 applies, consumers can exercise their right to
cancel a contract and return the goods to you. The DSRs do not link
cancellation rights with a supplier’s ability to resell items as new.

http://www.techtalkuk.com/2012/05/31/dsr-refresher/

Nikumba · 20 Jun 2012 at 09:08

Just want to pick up from what you said about the mondeo, often when one is being sold its not Mondeo Mk1, 2, 3 or 4 its just called a Mondeo and its upto the buyer to make sure he gets the right Mk he wants.

They advertised it as a GTX 460, and rightly or wrongly they did not say if it was a V1 or a V2.

But is it called a V2 on the manufacuters website? As that will be often where they get the info from.

Kimbie

MrMoonX · 20 Jun 2012 at 09:23

just send it back, if they don't refund do a chargeback and tell your CC company that they won't refund under DSR

Nexus · 20 Jun 2012 at 09:45

I think by going straight to the threat of issuing a chargeback against them, ie 'getting tough'; the retailer's response about it seems to be them now calling your bluff about it, as to whether you will actually do it.

HAz · 20 Jun 2012 at 10:11

This sounds like an ebay seller to me, you wouldnt have this problem with ocuk.

PiKe · 20 Jun 2012 at 10:19

A threat of a chargeback might work, they're notoriously difficult for the retailer to counter.

pete248 · 20 Jun 2012 at 10:32

Hey guys, many thanks for all your replies, really. I think it'll be beneficial if i post some visual evidence, so you guys can make your judgements based on what i saw (I hope this complies with OcUK rules, im not posting the website's name or any links). Here is the webpage for the product (i bought it at cheaper than that, they must have put their prices up):

Original size: http://i.imgur.com/xSutd.png

A screenie if you click on the "specifications" tab:

Original size: http://i.imgur.com/jrJzf.png

And finally a link to the nVidia site explaining the differences: http://www.geforce.com/hardware/desktop-gpus/geforce-gtx-460/specifications

Personally i cannot see his point about the specifications being completely different, the specs for a graphics card can vary wildly from manufacturer to manufacturer, so really the only way to tell would be the memory bus width. All the other specs such as clock/memory speed could be the result of a factory overclocked card.

Edit: I think i'll send an email back now linking to the official legislation document asking him to point out the article in which it can only be examined as if in a shop. I cannot see it anywhere, even though it was in that "guidance" PDF.

Edit 2: Just realised his point about no shop in the UK trying GPUs "over counter" isn't valid, as i'd like to see people try and return a product to the retailer without any packaging, which is outlined by the DSR.

ubersonic · 20 Jun 2012 at 10:39

pete248 said:
/snip

You have them bang to rights. The 01G-P3-1363-KR specified on that page is a V1 card not the V2 you were sent, it even lists the specs for a V1 on their page.

toon_mad · 20 Jun 2012 at 10:42

pete248 said:
...

Where does it say V1 or V2?

Nexus · 20 Jun 2012 at 10:42

A wrongly advertised product should have been the route you took with them from the beginning.

Getting involved in the spat you are now about distance selling regulations, chargeback threats and having opened it and tried it out haven't done you any favours.

PiKe · 20 Jun 2012 at 10:43

ubersonic said:
You have them bang to rights. The 01G-P3-1363-KR specified on that page is a V1 card not the V2 you were sent, it even lists the specs for a V1 on their page.

THIS THIS THIS.

Screenshot the page as they will simply change that and deny all knowledge.

Ghosteh · 20 Jun 2012 at 10:45

I was just about to post that. I've just been looking on OcUK and they have 2 460's listed, one a v1 and one a v2, but they have the correct memory bus listed for each.
If they've sent you a v2 with a 256bit Memory Bus, that's not what they've got listed on their site, so you're completely within your right to return it either under the DSR, or the fact it's not fit for purpose.

pete248 · 20 Jun 2012 at 10:45

ubersonic said:
You have them bang to rights. The 01G-P3-1363-KR specified on that page is a V1 card not the V2 you were sent, it even lists the specs for a V1 on their page.

Unfortunately it's not. If you search that in google and click on the first link going to the EVGA site, that card has a 192-bit width memory bus, indicating it's a V2.

Ghosteh · 20 Jun 2012 at 10:50

pete248 said:
Unfortunately it's not. If you search that in google and click on the first link going to the EVGA site, that card has a 192-bit width memory bus, indicating it's a V2.

Ok, I got them the wrong way around. I'd have thought the v2 had the wider memory bus!

pete248 · 20 Jun 2012 at 10:52

Ghosteh said:
Ok, I got them the wrong way around. I'd have thought the v2 had the wider memory bus!

One thing's for sure, nVidia and the manufacturers mucked up royal here by not labeling the boxes differently. Why would anyone think that they could be sold under the same name be a good idea?! Just put a V2 at the end!!

Ghosteh · 20 Jun 2012 at 10:54

pete248 said:
One thing's for sure, nVidia and the manufacturers mucked up royal here by not labeling the boxes differently. Why would anyone think that they could be sold under the same name be a good idea?! Just put a V2 at the end!!

It's quite shocking to be honest! Either way, you still have the option of the DSR return, just need them to sort their act out!

pete248 · 20 Jun 2012 at 10:56

Ghosteh said:
It's quite shocking to be honest! Either way, you still have the option of the DSR return, just need them to sort their act out!

I don't know what i should do now. My next plan of action was to link to the official legislation and ask for him to point out the exact article which he was refusing my return under. While the PDF i sent him mentions about it being like a shop, i cannot see this in the official legislative document.

mmj_uk · 20 Jun 2012 at 10:56

They are trying to fob you off, DSR is an unconditional right to return something within the cooling off period as long as you don't damage it.

In the future you're best off just saying "I want to RMA x item as per DSR" with no reason given so they know that you know your rights and won't try anything on.

pete248 · 20 Jun 2012 at 11:02

mmj_uk said:
They are trying to fob you off, DSR is an unconditional right to return something within the cooling off period as long as you don't damage it.

In the future you're best off just saying "I want to RMA x item as per DSR" with no reason given so they know that you know your rights and won't try anything on.

Yes yes i know now, just don't give any reason other than DSR in future! At least this had been a learning experience if nothing comes of it! Hell I could probably just break the thing and claim a refund under warranty or something, probably be easier too! (Note: I don't actually intend on doing this!)