Returns / refunds on custom build PCs

artbaron

I wonder if you could advise on what the law says on returning faulty items that have been custom built - in my case, a PC. If the PC arrives and does not work, or works not as expected, can I still return it for a full unequivocal refund? I've looked at the Ts & Cs of several websites and they simply talk of cancellation of the order after arrival, which assumes that the customer has just changed their mind and therefore incurs fees.

I would have thought that a full refund was in order, without penalty, but I wanted someone with more knowledge than myself to confirm. Also, would anyone know what "section" of the law I could quote in that situation?

I rang a company and they seemed a bit confused so I didn't get a straight answer.

Bit of background, basically this arises because I've just returned a second custom build PC back to the same company (first was damanged, second did not work). Luckily this company seem good on customer service (if not PCs) and say they will give me a full refund, but I've lost faith in them to deliver a working system and I'm therefore looking elsewhere. I need to know what to do if this happens again and the company will only offer repair or replacement, being that I would want a full refund.

Thanks!

Bowling_4_Gold

Of course, it is bound to be more difficult getting a refund on a custom-built unit as apposed to one that isn't, but you still have the normal legal protection (SOGA). I suggest you research the SOGA or phone your local 'consumer direct' who are very good at these sorts of requests (well, it's what they're paid to do!)

scullster

In the case of a product not working, the fact that it is custom built is totally irrelevant.

Custom built only comes into play if you'd had simply made say an internet purchase and changed your mind - the Distance Selling Regs explicitly mention the exclusion of custom made products.

My Thought for the Day - DSR and Custom Build::j
That being said, if I was a lawyer, I'd question the definition of custom made or made to order and I would tackle the retailer based on the spirit in which the law had been set which is really about the potential for resale. If you'd bought a rocking horse (been watching the apprentice) and asked for it to be painted in barbie pink - I'd say you're stuffed.

If however, you'd bought something which consisted of the putting together a number of off-the-shelf items without any form of modification / damage, each of the consituent components could be returned to the shelf for future resale. For a custom built PC there is not a great deal of difference between you purchasing each of the constituent parts or the full package and that's what I'd argue and charge you lots of money for.

My Thought for the Day was bought to you by a glass and a half of Italian Red.

artbaron

Bowling_4_Gold, scullster - Thanks for the advice. Hopefully I won't need to put it into action but after the last month's experience you never know!

zootscoot

It is s.14 which relates to the good being of satisfactory quality. If the goods were made to your particular specification this will not matter if it is a consumer contract although if it is a business to business contract it will be a relevant factor in whether they can exclude a right to refund.

See further here:

http://www.e-lawresources.co.uk/Statutory-implied-terms.php

http://www.e-lawresources.co.uk/Unfair-Terms---Regulation-by-statute.php

artbaron

zootscoot - thanks! Very helpful.