7 Day Distance Selling Regulations Refund
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Peppermint Duck

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I recently bought an item from a company on the net. I won't mention the item nor the company because I don't feel it appropriate.

Like all online traders, they have to adhere to a 7 day no fuss refund policy, under the Distance Selling Regulations. Because I wasn't happy with my purchase, I've asked for a refund, but they have told me:

"The 7 days you speak of refer to the Distance selling regulations which permits consumers to 'inspect' goods, as you have installed the goods the items cannot be returned for this reason, if there is not a fault with the item we cannot issue you with a refund for this item."

Which I don't agree with at all. The item in questions in an external soundcard, so when they say I've 'installed' the item, they mean I've plugged it into a USB port! Surely that's a form of inspecting the item too? I'm hardly going to just look at it and after 7 days decide I don't want it!

I've never had this problem returning goods before, and believe they're completely incorrect in what they say. I think I deserve a refund.

Can anyone help me out here?
 
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RickG

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Quote:

Originally Posted by Peppermint Duck
I won't mention the item nor the company because I don't feel it appropriate.

The item in questions in an external soundcard,



Don't you contradict yourself here? Regardless, did they offer you store credit or say that you can't return it, period?

Ordinarily, you can return an opened item if it's in all of its original packaging (with the exception of software) but you'll be charged a restocking fee. Something doesn't smell right here. I'd definitely raise some hell in regard to this...
 
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StevieDvd

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Not sure I agree with your view. The DSR is to give you the same sort of right of viewing the goods as if your were in the shop. If you bought something based on a picture and found in reality it was much larger/smaller than you'd envisaged then you would send it back - as in a shop you'd be able to see i was not suitable in person.

I can see why you are confused the last time I looked it up on the government site I'm sure there was a plain english explanation - well it was enough for me to quote back to a big Japanese consumer company who were being naughty and trying to threaten me. Either that or there was another site than the one I just checked.

Why are you unhappy with the purchase? If it was unfit for the purpose sold then you have longer to return it. If you don't like the exact colour shade the use the 7 day DSR. You should be able to return it with all the original packing in an as new state, but using a valid reason.

So basically your excuse must be something like 'If I had seen it was like that in a shop I would not have bought it!'

They are obviously not a 'no quibble return' site but must adhere to the DSR where appropriate.

Whether that helps you or not....


Steve
 
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Peppermint Duck

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OK, it's Overclockers UK and it's an M-Audio Transit USB. Dunno why I didn't mention it, just respect towards the company I guess...but that's all gone out the window now!
And I did really highly regard them...

No store credit offered either.

*edit* and the reason I want to return it is because I'm not entirely happy with the quality of the sound...which requires me to listen to it to hear of course.
 
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Jahn

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Hmm you might be out of luck. If the 7 day return is for inspection for something wrong with the product, then you don't qualify. Your card works, you just don't like how it sounds. That's not grounds for a return under their policy, unlike places like Headroom et al that let you return stuff if you're dissatisfied for any reason.

You think - "No Fuss = Return for any reason"
They Think - "No Fuss - you can return it with no fuss if there is a fault with the item after your inspection."

I think - "Fault" means it's broken in some way, not that you don't like the sound.
 
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Peppermint Duck

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I've looked into the 7 day returns policy however and a key word is 'unconditional'. It seems it doesn't matter why you want to return an item, but it's in your right to do so if you want to...as has been my experience with every other company I've ever dealt with.
 
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Jahn

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Quote:

Originally Posted by Peppermint Duck
I've looked into the 7 day returns policy however and a key word is 'unconditional'. It seems it doesn't matter why you want to return an item, but it's in your right to do so if you want to...as has been my experience with every other company I've ever dealt with.


I just hypothesized off of what they quoted you - from the language they gave you, "fault" seems to be the operative word, and "unconditional" seems to be the method of return after fault has been determined via inspection.
 
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RickG

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Overclockers UK return policy.

Quote:

Distance Selling Act - You have the right to cancel the contract relating to your order at any time up to the end of 7 working days after you receive the goods. To exercise your right of cancellation, you must give written notice to Overclockers UK by letter, fax or WebNote giving details of the goods ordered and date received. Notification by phone is not acceptable. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Overclockers UK at your own cost. Returned items must be packaged properly and shipped in a plain outer box. It is your responsibility to ensure returned goods are fully insured. All returned goods must be as new and complete including all internal packaging, cables, manuals, drivers and protective bags, however small. Overclockers UK cannot take responsibility for goods that are damaged or lost whilst being returned. Overclockers UK will refund you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. If you do not return the goods as required, Overclockers UK may charge you a sum not exceeding the direct costs of recovering the goods. The goods must be returned to Overclockers UK (Esnet Ltd), Unit 40 Imex Business Park, Ormonde Street, Fenton, Stoke-on-Trent ST4 3NP.


 
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StevieDvd

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I know it seems harsh but I don't think that the DSR would cover that reason.

From a sellers point of view if they took it back then they'd need to sell it as 'used/opened' and DSR would mean you'd get postage refunded and cost for returning it refunded. So the seller would be out of pocket especially if you went elsewhere.

A larger retailer would be willing to offer a refund as it's part of their marketing strategy, not due to legal requirements. Though the price might be a little higher.
 
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Peppermint Duck

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From a legal standpoint however, considering all companies have to adhere to the same policies, am I in the right or the wrong?
 
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Jahn

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Yep looks like DSR doesn't use the word "fault" or the word "unconditional" lol. But it does use the phrase "as new" which is debatable if you've opened it up and plugged it in. They might have you over a barrel.
 
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I've been doing some 'under cover' buying in order to review service and quality of goods supplied.

I found a firm that offered 'Price Beat' that turns out not to be price beat at all. They cover themselves with the use of wording about 'they do their best' etc. All nonsense because it is not Price Beat.

I mentioned it on this site with little reaction, but that little matter has been taken up by Consumer people, in spite of their clever wording on the Internet site offering this deal.

Report it. It is worth doing and costs nothing. Believe me, they are interested in misleading information ..... even if it is slightly misleading.
 
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Jahn

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Yeah, the fact that the language is debatable means that it is ambiguous - at the least they should be up front and give what conditions apply for returns. I still think they might wiggle out but again that's up for debate.
 
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Alu

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Aw crap...I just ordered a graphics card from there, one of the only XFX 7800 I could find in Europe still being availble. Someone tell me that overclockers is a good store nevertheless, reassure me please
.
 
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StevieDvd

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I'd brazen it out with them.

From their own conditions they state you must supply all the packaging etc however small. By this you can conclude they acknowledge the product can be opened.

They do state you have to pay return postage which is OK within the terms of the DSR.

How did you communicate with them? I'd suggest a webnote stating that you have checked the DSR details on-line at www.give_the_address_whatever_it_is.co.uk and as such would they kindly give you a returns number and confirm that a full refund will be made within 30 days on the safe receipt of the goods as per the DSR or explain in writing why not so you can take this to the Trading Standards office.


Steve
 
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