Advice needed please DSR / SOG

stringman

Hi,
I recently bought a laptop from NDC.
I ordered it over the phone and added the following upgrades
Bluetoth module £10
N wireless card £10
Remote control £10

The day after i placed the order I read about the horror stories of the graphics card ( it was a Dell M1330)

I phoned up again to ask about upgrading the warranty etc and was told I had 7 days to upgrade the warranty or if i was not happy i could extend the warranty or return it. So i did not cancel the order.

I received the laptop and decided i was not that happy with it.
I phoned a chap up and he said i could return it no problem.

I duly emailed them to say that i was returning it under the dsr.I had no reply
i returned it at my cost within the 7 days.

I then get an email stating that the dsr only covered off the shelf items and as my order was "made to measure" they wanted a 15% restocking fee!
Thats nearly £100.

I emailed back stating that although they do state these dsr conditions on their website I ordered the laptop over the phone. During the two subsequent phone calls nobody mentioned the restocking fee.

So i am a little hacked off

I sent an email stating i thought this was unfair. I said i was happy to pay for the upgrades and then thay can resell it at the basic cost with no loss.

The chap i wrote to is off this week but the technical manager said they usually had to agreed to accept custom built returns before clients could return the laptops.

In my opinion I had that agreement.

I contacted consumerdirect who said dsr didnt apply here butbecause no one told me dsr did not apply or tell me about the restocking fee i had a claim under the SOG as they had not acted in a reasonable or careful manner.

I have written to NDC stating this.
I have also asked for copies of all phone calls and given them 7 days to accept my offer of paying for the upgrades

Anything else I can do?

I need it resolved quickly as they have both the cash ( well money from credit card) and the laptop

thanks

OlliesDad

stringman wrote: »

Hi,
I recently bought a laptop from NDC.
I ordered it over the phone and added the following upgrades
Bluetoth module £10
N wireless card £10
Remote control £10

The day after i placed the order I read about the horror stories of the graphics card ( it was a Dell M1330)

I phoned up again to ask about upgrading the warranty etc and was told I had 7 days to upgrade the warranty or if i was not happy i could extend the warranty or return it. So i did not cancel the order.

I received the laptop and decided i was not that happy with it.
I phoned a chap up and he said i could return it no problem.

I duly emailed them to say that i was returning it under the dsr.I had no reply
i returned it at my cost within the 7 days.

I then get an email stating that the dsr only covered off the shelf items and as my order was "made to measure" they wanted a 15% restocking fee!
Thats nearly £100.

I emailed back stating that although they do state these dsr conditions on their website I ordered the laptop over the phone. During the two subsequent phone calls nobody mentioned the restocking fee.

So i am a little hacked off

I sent an email stating i thought this was unfair. I said i was happy to pay for the upgrades and then thay can resell it at the basic cost with no loss.

The chap i wrote to is off this week but the technical manager said they usually had to agreed to accept custom built returns before clients could return the laptops.

In my opinion I had that agreement.

I contacted consumerdirect who said dsr didnt apply here butbecause no one told me dsr did not apply or tell me about the restocking fee i had a claim under the SOG as they had not acted in a reasonable or careful manner.

I have written to NDC stating this.
I have also asked for copies of all phone calls and given them 7 days to accept my offer of paying for the upgrades

Anything else I can do?

I need it resolved quickly as they have both the cash ( well money from credit card) and the laptop

thanks

As it has been custom made NDC are correct in saying that the DSR does not apply. This is where you may have a problem as legally they do not have to take it back at all. While they may not have advised you, they are acting in an appropiate way.

I would suggest that you try negotiationg the fee as you have done, but dont be too forceful making demands such as giving deadlines as this may put their back up and then offer you nothing.

OlliesDad

Taken from their ts and c's as well:

"The right to cancel under DSR does not apply to the following,
a - Personalised goods or goods made to a consumer's specification.
b - Computer software.
c - Notebooks/Laptops with installed software.
d - Any item(s) with software or warranty that has been registered by the CONSUMER. "

stringman

thanks for the replies

but, as per the consumerdirect have said.

\the dsr infor was fairly hidden,and not in the faq or deleviery tabs of the website.

[URL="file://\\as"]\\as[/URL] i bought it over the phone the salesman should have told me that it was not covered by DSR

They definately did tell me i could return it within seven days

all of which breaks the SOG act.

I agree a fine line is called for.

derrick

stringman wrote: »

thanks for the replies

but, as per the consumerdirect have said.

\the dsr infor was fairly hidden,and not in the faq or deleviery tabs of the website.

[URL="file://%5C%5Cas"]\\as[/URL] i bought it over the phone the salesman should have told me that it was not covered by DSR

They definately did tell me i could return it within seven days

all of which breaks the SOG act.

I agree a fine line is called for.

I can't see how it breaks the SoGA!

It also does not break DSR even if their T&Cs had it "hidden"

From BERR ; -

Q3
The cooling off period and right to cancel do not apply to contracts for:

• goods made to the customer's specification;
• perishable goods (flowers, fresh food);
• CDs, DVDs, and tapes with software, audio or video if unsealed;
• newspapers and magazines;
• betting, gaming and lotteries

LinasPilibaitisisbatman

Consumer direct talking crap shock.

The DSR are statutory rules and companies do not need to do your work for you on the investigation of them etc.

This item is definitly excluded from the DSR and there is no requirement for them to take it back. The restocking fee is them offering to do so. Accept it or dont but you are not entitled to return it without paying that fee.

there is no breach of SOGA either.

Accept the laptop or pay to get it returned and stop listening to minimum wage diddies at consumer direct who say what people want to hear and not the actual law.

stringman

so you think its perfectly acceptable for a salesman (who has the details of the order in front of him) so say

" you can return it anytime within the first seven days for a refund"
when his company policy does not condone this.

Either the sales guy was lying or not doing his job properly.

Do sales people not have a requirement to give you the Correct information?

Had i been told there would be a restocking charge i would have cancelled
the order there and then (at no cost)

I still maintain that my offer is fair- the company does not lose out.

OlliesDad

stringman wrote: »

so you think its perfectly acceptable for a salesman (who has the details of the order in front of him) so say

" you can return it anytime within the first seven days for a refund"
when his company policy does not condone this.

Either the sales guy was lying or not doing his job properly.

Do sales people not have a requirement to give you the Correct information?

Had i been told there would be a restocking charge i would have cancelled
the order there and then (at no cost)

I still maintain that my offer is fair- the company does not lose out.

Chances are that they dont record their calls and so it would be your word against theirs whether that was said or not and as they are acting legally, you would have problems. You can try negotiating, but i dont think it will get you anywhere.

LinasPilibaitisisbatman

stringman wrote: »

so you think its perfectly acceptable for a salesman (who has the details of the order in front of him) so say

" you can return it anytime within the first seven days for a refund"
when his company policy does not condone this.

Either the sales guy was lying or not doing his job properly.

Do sales people not have a requirement to give you the Correct information?

Had i been told there would be a restocking charge i would have cancelled
the order there and then (at no cost)

I still maintain that my offer is fair- the company does not lose out.

But they do.

You had no right to return it at all as soon as you ordered it as it was customised thus any decision to take it back is entirely at their discretion.

The salesman probably didnt realise it was customised. Either way his advice hasnt made you lose out.