Returning a graphics card
- Thread starter pete248
- Start date
Whats the point?
They may well just block you.
They have made it quite clear they aren't interested in giving you a refund now so spatting over e-mails isn't going to change that.
Personally if it was me, I'd just send the item back to them at their address using a tracked service, possibly advising them you are doing this. If they don't issue you with a refund, get your bank involved to issue a chargeback. Ultimately a chargeback is going to be your only option if they don't do a refund and they will require you to send the item back to the retailer anyway.
Yeah I suppose you're right. But what if i end up sending the item back and something goes wrong with the chargeback? Should I get my money back first?
Ok then I'll try and get that done today. Thanks.
Because these forums are full of absolute rubbish posted by pre-teen keyboard warriors who have no idea.
I do know what i'm on about, much like in the recent thread about the employment tribunal and unfair dismissal. I correctly stated in several posts that he didnt have a case and was completely wrong but I was abused, flamed and shot down for it.....roll on a few months, chap goes to tribunal which is thrown out because he didnt have a case.
A few less keyboard teens and a bit more real world experience would go a long way in threads like this.
He used the GFX card, therefore DSR doesnt apply. Its not faulty so nor do SOGA. His only real hope is a chargeback but contrary to the OCUK massive opinion its not an automatic right to money back, they do actually speak to the retailer first.
You mean like this person's real world experience? http://forums.overclockers.co.uk/showpost.php?p=22182697&postcount=149
No because every bike shop in the land lets you try a bike in store. There isnt a single computer/component retailer who does so not really a comparable.
TRNC is correct, The DSR lets the customer examine the item as they would in a shop, I'm pretty certain that no shop in the land would let the customer take a graphics card out of the box and anti-static wrapping, look at it then put it into their computer and test it to see if they like it.
Here is a very good quote on somebody trying to return a CPU under DSR after using it:
There is nothing in the Distance Selling Regulations which states that the product has to be unopened/unused/in its original packaging.
The OPs situation is entirely covered by the DSR.
Where does it state that in the legislation?
You say that it lets the customer examine the item as if it's in a shop. The graphics card box had NO tech specs on it whatsoever. So if I had picked this up in a shop I still would have had to put it in my computer to see it was a different version of graphics card.
Look at that post again. It specifically says the bike was "picked up" and "taken and ridden". And that it was paid for. Pretty sure you wouldn't pay for a tricycle then try it.
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Caporegime
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Don't know why people are saying OP can't DSR.
I've DSR'ed a few items to Amazon as I wasn't happy with them, these are items that have been opened and then used and they're perfectly fine with it, because they have to be, because of DSR.
He's perfectly within his rights to return the item under DSR.
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
Page 28, paragraphs 3.58 and 3.59
Wut!?
I've DSR'ed a few items to Amazon as I wasn't happy with them, these are items that have been opened and then used and they're perfectly fine with it, because they have to be, because of DSR.
He's perfectly within his rights to return the item under DSR.
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
Page 28, paragraphs 3.58 and 3.59
Wut!?
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Please read up on what you're talking about before spreading mis-information:
http://www.adviceguide.org.uk/engla...do_the_distance_selling_regulations_cover.htm
http://www.adviceguide.org.uk/engla...should_receive_when_you_buy_at_a_distance.htm
And specifically:
Cancelling a distance sale order within the cooling-off period
and
Does the distance sale cooling-off period apply to you?
The only exemptions:
Your responsibilities for the goods:
Testing goods is perfectly viable before return - there is no restriction imposed upon that.
In fact, in the case of the OP - the specs were not printed on the box - the only way to ascertain the correct version was to try it and see!
Yes, the OP has full right of return & even trading standards have told him the same over the phone... I don't know why you guys are still arguing over this.
Details on unfair terms, should they have any in their T&Cs:
http://www.adviceguide.org.uk/engla...umer_e/unfair_terms_in_consumer_contracts.htm
If you had picked up a box without tech specs on it in a shop would you:
A: Ask an assistant what the specs were
B: Take it home and put it in your machine to see what it was
Bearing in mind you had the specs in front of you on the product page its quite comparable to a stack of boxes in a shop with a poster next to them listing all the specs (like you get in Currys/Comet).
Its from the OFT's guidance on the regulations, I don't know which specific section it references.
Caporegime
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Uber you won't find it as it don't exist.
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
People talk such ****.
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
People talk such ****.
Caporegime
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That's from the OFT guidelines.
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B... he bought a GTX460 to match up with a GTX460
It's not his responsibility to assume Nvidia have used the same name for two completely different products.
But this is beside the point... forgetting the mis-nomenclature - he still has every right to return under DSR.
I'd buy the product. As it says on the box "EVGA GTX460 1GB". With no indication of it being a different version of card why would I bother asking what the specifications are? And if the specs are not on the box how would I know it's a different card?
Soldato
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PC world "Following Distance Selling Regulations, we will accept items back even if you have opened the goods to inspect them"
Legislation says "Exceptions to the right to cancel
Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:
for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);
for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier;
for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);
for the supply of audio or video recordings or computer software which were unsealed by the consumer;
for the supply of newspapers, periodicals or magazines; or
for gaming, betting or lottery services."
There is NOTHING about opening or using apart from those exclusions.
Lots of places try to add to or amend stuff like PC world if you have inputted any data. Its not in the legislation and its probably fair in the real world but its not actually there and hence not enforceable.
Legislation says "Exceptions to the right to cancel
Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:
for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);
for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier;
for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);
for the supply of audio or video recordings or computer software which were unsealed by the consumer;
for the supply of newspapers, periodicals or magazines; or
for gaming, betting or lottery services."
There is NOTHING about opening or using apart from those exclusions.
Lots of places try to add to or amend stuff like PC world if you have inputted any data. Its not in the legislation and its probably fair in the real world but its not actually there and hence not enforceable.
Caporegime
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Pete, you still haven't answered my repeated question and the advertisement in regards to the bus ring.
If it has specs of the V1 then you can RMA as not as described, which then entitles you to postage costs being picked up by them.
If it has specs of the V1 then you can RMA as not as described, which then entitles you to postage costs being picked up by them.