Returning a graphics card

I have just rung the trading standards institute (http://www.tradingstandards.gov.uk/advice/index.cfm) and explained the whole situation to them, including the confusion with the different versions of the graphics card. They said that it does not matter what you can and can't do in a shop, under the DSR you can return the product providing it is of reasonable condition and you have given notice to cancel the contract through a suitable medium within 7 days of receipt of the product.

They said that after 30 days (from original cancellation notice, so the 14th) they can email the supplier themselves and advise them that they should allow me to return the product under my legal rights. Before 30 days it seems it is up to me to try and convince them that I am allowed to return it. I will tell them that I have contacted the bureau after they reply to my query about them pointing out which part of the legislation they are not allowing my return under! (I don't see how they can do this anyway, unless they make some legislation up).
 
~Divine~Wind~ said:
Should've worded that better shouldn't I :p
Still waiting for GeX to show why the OP's DSR request is non conforming to the regulations.
Click to expand...

GeX said:
I'll confess to having missed the bit where the item description on the website was incorrect - and if that's the case then it isn't as describe, and therefore not fit for purpose.
Click to expand...

You must've missed that bit then?
 
My belief in this situation is they must accept the return, its not broken any of the specifics mentioned that allow them to reject.

If they believe they have been forced to accept a DSR which has put them at a loss that could have been avoided they would need to pursue for recovery of this loss.

The problem with all these sorts of thing is they will always ook for ways out. Whether you need to remove a graphics card from a box to truly inspect it, I am not sure. If it was supplied without the information you needed on the packaging I would say you would have to open it, if its got the information you need on the packaging then thats harder to take a proper view on.

Overall I would say they should be accepting the return, you do not even have to give specific reasons under DSR just that you wish to apply the DSR rights you have to return the goods. The DSR makes no provision to specifically check details such as specs before checking, you are clearly allowed to open and return some items, there is no provision to dictate which you can and cannot so I believe the aim is to make all items returnable. Thats not specifically however how its written.
The DSR is unclear, but I would say the way its written infers there are no restrictions and thats the aim they have.

Personally I would confirm that you disagree and again reques a DSR return. Ask them to say where they believe the term is in the DSR that allows them to reject your request. If they fail to reply, do not link a specific part of the DSR or even if they do and you still disagree then I think Trading Standards is your best bet to start with.

Edit, oh OP has now spoken to TS, and TS have I believe made the right call.
 
Also to note: On the box of the GTX460 it has no technical specifications whatsoever. So actually, if I did pick this up in a shop then I would have no reason AT ALL to suspect it to be a version 2. So if anyone is picking these up in store make sure to check first if you plan on SLIing them with your current card.
 
pete248 said:
Also to note: On the box of the GTX460 it has no technical specifications whatsoever. So actually, if I did pick this up in a shop then I would have no reason AT ALL to suspect it to be a version 2. So if anyone is picking these up in store make sure to check first if you plan on SLIing them with your current card.
Click to expand...

So you have had to open the goods to inspect. I would bet my last £ that there is a disclaimer on the webtailers website/literature that specs are for illustrative purposes only (or something to that kind of effect) and that are in no way guaranteed or contratual.
They almost always have this get out to try to get out of the not as detailed challenge.

If there is no clear way to tell the specs of the product from the box you absolutely have to open it to be sure you can find out what sort it is.
 
robskinner said:
So you have had to open the goods to inspect. I would bet my last £ that there is a disclaimer on the webtailers website/literature that specs are for illustrative purposes only (or something to that kind of effect) and that are in no way guaranteed or contratual.
They almost always have this get out to try to get out of the not as detailed challenge.

If there is no clear way to tell the specs of the product from the box you absolutely have to open it to be sure you can find out what sort it is.
Click to expand...

Yeah, there are wrongs that can be pointed out, but I have tried to stay with DSR as that is written in law. It has been very hard to restrain to just talking about the DSR in the emails rather than going off on a rant!
 
~Divine~Wind~ said:
Have you sent them just a plain email requesting return of item xxx under DSR?
Click to expand...

This on the 14th:

"Hello,

Recently I purchased an EVGA GTX460 graphics store from your store.
Unfortunatey, it was unspecified on your website that this was in fact
a version 2 model, incompatible to use with the original gtx460. Could
I please return it and have the return costs included in the refund?
What do I have to do to return the item? MY order number is ******.

Many thanks,"

And this at 2 this morning:

"Hello,

I already sent an email to you regarding this on the 14th of June but
i am sending this second one as i never received a reply. Recently I
purchased an EVGA GTX460 graphics store from your store.
Unfortunateley, it was unspecified on your website that this was in
fact a version 2 model, incompatible to use with the version 1 GTX460.
Could I please return it and have the return costs included in the
refund under the Distance Selling Regulations. The item was received
on the 11th, i sent my first email on the 14th, and this is my second
email, both within the 7 working day requirement of the Distance
Selling Regulations.

My order number is *******. The Distance Selling Regulations state
that i can return this item if i cancel the contract within 7 working
days, even if the item has been used or opened. If you do not reply or
refund the cost of the item (including the postage cost of me posting
it back to you) i shall be forced to ask my bank to make a chargeback
for the original transaction.

Regards,"

Edit: Just realised I didn't mention DSR in my original email, woops I thought I had! The one sent this morning has though so I should be fine!
 
Last edited:
ubersonic said:
Don't you have to cover the return costs under DSR?
Click to expand...

They say on their returns page: "if the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the Supplier shall nonetheless be responsible for the return cost of the goods."
 
pete248 said:
My exact email was this:

"Hello,

Recently I purchased an EVGA GTX460 graphics store from your store.
Unfortunatey, it was unspecified on your website that this was in fact
a version 2 model, incompatible to use with the original gtx460. Could
I please return it and have the return costs included in the refund?
What do I have to do to return the item? MY order number is *********.

Many thanks,"

And in the live chat i had earlier with them the guy did confirm receipt of the email on the 14th, but he never explained why i never received a reply.
Click to expand...

Like many people you made the initial mistake of giving too much information at the point of initial request for return. Also to be clear there is no such thing as an "DSR RMA". While the 2 systems are similiar they serve different purposes.

DSR is for returning unwanted goods purchased online within the 7 day window.
RMA is for the return/repair of goods within the warranty period after this time.

Mind you the 2 often get confused as there is some area for overlap. For example the return of a faulty item that has been noted as such in the first seven days, often gets called a "DSR RMA". It is key to not fall for this trap as it then allows a seller to guide you into a much cheaper for them RMA process. Items returned under DSR almost always result in a substantial profit loss for the seller, so they will often use whatever method they can to get you to RMA it.

When looking to use the DSR your mail/telephone call/smoke signal/morsecode message should read as such:

"Hi. I would like to return item X under the DSR."

If then asked why, state:

"Because I don't want it anymore."

Do not offer further information or you will just make it harder for yourself, as you have done now.
 
Bulldog72 said:
Like many people you made the initial mistake of giving too much information at the point of initial request for return. Also to be clear there is no such thing as an "DSR RMA". While the 2 systems are similiar they serve different purposes.

DSR is for returning unwanted goods purchased online within the 7 day window.
RMA is for the return/repair of goods within the warranty period after this time.

Mind you the 2 often get confused as there is some area for overlap. For example the return of a faulty item that has been noted as such in the first seven days, often gets called a "DSR RMA". It is key to not fall for this trap as it then allows a seller to guide you into a much cheaper for them RMA process. Items returned under DSR almost always result in a substantial profit loss for the seller, so they will often use whatever method they can to get you to RMA it.

When looking to use the DSR your mail/telephone call/smoke signal/morsecode message should read as such:

"Hi. I would like to return item X under the DSR."

If then asked why, state:

"Because I don't want it anymore."

Do not offer further information or you will just make it harder for yourself, as you have done now.
Click to expand...


Yes I have learnt this now, at least I'll know for next time! In any case, my email this morning was still within 7 working days and it specifically mentions the DSR so I still have my original position! And lol at smoke signal/morsecode!
 
ubersonic said:
Don't you have to cover the return costs under DSR?
Click to expand...

3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10.

So the retailer needs to advise you in writing up front if they want you to return the goods and if they are at the consumers expense. If they do not do so they are liable.

Its also interesting this point as the form of communication many seem to use is by default against the allowed uses. IE many will refer you to their T&CS electronically stored but in a modifyable form (such as on their website) and if they are modifyable they are deemed invalid under the DSR.
 
popcorn.gif


watching this argument is better than working.....
 
If your going to state DSR then you cannot demand the cost of posting it back to them!!
The ONLY times that sellers are legally obligated to pay this is if the product is DOA or advertised incorrectly!
 
C.R.A.Z.Y said:
If your going to state DSR then you cannot demand the cost of posting it back to them!!
The ONLY times that sellers are legally obligated to pay this is if the product is DOA or advertised incorrectly!
Click to expand...

Again, they state this on their return page:

"if the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the Supplier shall nonetheless be responsible for the return cost of the goods."

So I was incorporating their policy and the DSR into one statement.
 
Nikumba said:
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
Click to expand...

In this case the brand name is GeForce - equivalent to Mondeo, and the Mk1 is equivalent to GTX 460.
 
You must log in or register to reply here.
Back
Top Bottom