liam.mccaffrey
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| posted on 6/7/06 at 10:32 PM |
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Distance selling regs
I have bought this item with xp
prohttp://www.overclockers.co.uk/acatalog/Full_Systems.html
Titan Vantage" AMD Athlon 64 3200+ System (FS-009-OK)
i have attempted to return this under the distance selling regs which give the consumer an unconditional right to cancel , but the company refuse to
accept i am able to do this despite clearly stating this in their terms and
conditionshttp://www.overclockers.co.uk/acatalog/terms.htm
I have complied with my end of the bargain by informing them by writing within the required 7 working days and have spoken to trading standards who
say they have no reason not to comply
to date they have given me a number of reasons why my system is exempt
1. computer systems are exempt as they are unable to restock 2nd hand parts
2. because it has a copy of windows supplied with it????
I have not even opened the box it was delivered in, nor have i registered its os
they have now resorted to repeating the same question over and over again in response to any correspondence
"What is actually wrong with the system?"
I have sent registered letter and faxes and have kept their reciepts. I am no longer phoning them as i am liable to start screaming down the phone
what should i do next!!!!!!????????
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nitram38
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| posted on 6/7/06 at 10:41 PM |
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They even state that they recognise the distance selling regulations in their terms and conditions, so I would send it back recorded/special
delivery.
If they get too shirty, issue a small court claim against them.
You would win hands down.
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mookaloid
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| posted on 6/7/06 at 10:41 PM |
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I think If you gave them proper written notice, you should return it to them by insured courier. Their conditions don't state that they have to
agree to you returning the goods.
If they don't refund your money then your credit card (you did pay by credit card didn't you?) company should refund your money if you
provide evidence that you have complied with the conditions.
IMHO of course
Mark
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chockymonster
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| posted on 7/7/06 at 12:09 AM |
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You've exercised your right to cancel so now all you have to do is return them.
They can't argue as the seal has not been broken on the case, software has not been activated etc.
Overclockers are great to get decent priced stuff but I;ve found their customer support lacking when it comes to returns.
PLEASE NOTE - Responses on Forum Threads may contain Sarcasm and may not be suitable for the hard of Thinking.
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andyharding
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| posted on 7/7/06 at 08:54 AM |
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Hate to break it to you but the website clearly states the following in the item description:-
"Note - All Titan Vantage systems are built and installed on demand, during busy periods this may cause a delay of between 24 and 48 hours in
despatching your order."
And goods that have been built to order or specially made for the customer are exempt from the right to return under the distance selling regs.
However, you could just send the goods pack (with proof of posting) and ask your cc company to do a chargeback and hope they can't be bothered
to do battle with you.
P.S. This company are based just down the road and I've never been terribly impressed with their service.
Are you a Mac user or a retard?
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liam.mccaffrey
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| posted on 7/7/06 at 09:23 AM |
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i have spoken to trading standards a number of times and they say that built to order systems are not exempt from distance selling reg as long as they
are not customised. the only sticking point i see is whether having xp pro pre installed qualifies as "personalised" as trading standards
put it,
do you think i could get out of that by buying the copy of xp pro and just returning the system?
[Edited on 7/7/06 by liam.mccaffrey]
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James
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| posted on 7/7/06 at 09:36 AM |
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Don't feck about with it any further, just send it back then tell your credit card company.
They will refund you, then they will take the money back from Overclockers.
It's just not worth any stress, you pay the credit card company plenty of money for the priviledge of this protection.... so use it.
All the best gettting it sorted,
James
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"The fight is won or lost far away from witnesses, behind the lines, in the gym and out there on the road, long before I dance under those lights."
- Muhammad Ali
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andyharding
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| posted on 7/7/06 at 09:41 AM |
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Yes, but after the cc company take the money back they give the merchant a chance to dispute it. Big companies hardly ever bother but these guys are
not a large operation so you might not be so lucky. Still sounds like the best way t proceed though...
Are you a Mac user or a retard?
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andyharding
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| posted on 7/7/06 at 09:43 AM |
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FOI why do you want to return it anyway?
Are you a Mac user or a retard?
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liam.mccaffrey
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| posted on 7/7/06 at 10:15 AM |
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i know i know, i have given this advice to loads of people before, always use a credit card but i didn't on this one occasion. i have used the
company for years without problems but then again i have never had to return anything before. i little research has highlighted many other peoples
similar experiences with overclockers
something happened a couple of days after i bought the thing, which meant i really needed the money, that is the reason i want to return the item
its looks like i might have to suck the sour sweet and put it down to experience unless anyone can come up with anything?
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muzchap
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| posted on 7/7/06 at 11:59 AM |
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Hi Liam,
Nearly all PC's are installed with an O/S - this does not constitute personalisation.
If however, they had registered the O/S in your name, with your details - then that would be classed as personalisation - if they did this without
written permission it could be construed as fraudulent.
Therefore, their argument is null and void, they also can't limit their legal obligations - the clause they added to circumvent the Distance
Selling Regulations - is illegal and would be thrown out in County Court.
Where are they based? If it was me - I'd phone and arrange to take the PC back personally and process the refund there and then. I'd also
take a Dictaphone with me and inform them that you will be taping the conversation.
This should provide you with the outcome that you are looking for.
Search around - you can get 30 mins of free legal advice online - might be worth doing that to prove that their ADAPTATION and limiting of liability
under the DISTANCE SELLING REGS is unlawful and unfair. I think they realise this and are just trying it on.
[Edited on 7/7/06 by muzchap]
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If you believe you're not crazy, whilst everybody is telling you, you are - then they are definitely wrong!
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Pezza
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| posted on 7/7/06 at 04:21 PM |
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Ocuk are the biggest shower of c***s I have ever dealt with when trying to return stuff. Hence why I stopped buying from them years ago. They screwed
me around for 6 months with a graphics card till the warrenty ran out then basicly told me bollocks.
You couldn't pwn your way out of a wet paper bag, with "PWN ME!!" written on it, from the "pwned take-away" which originally contained one
portion of chicken tikka pwnsala and the obligatory free pwnpadom.
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