Distance Selling Regulations - PCs

Cardinal-Red

I ordered a PC from a company several weeks ago online, and I used their configurator to make minor changes to the spec offered. These changes are:

1) Change of PSU unit to a higher wattage;
2) Removal of a Speaker System (boxed in itself) from the spec.

Now having researched the item more, and sought info from them on several pieces of the hardware that I have concerns about, I decided to cancel the order.

I called them today to do so and they said it had been despatched (I believe them as it is due to be delivered tomorrow) and so they won't recall or won't offer a refund.

Now I am trying to get them to not bother delivering the item, as I am returning them anyway. They say the DSRs don't apply to them.

I have looked and I think that they do, namely section 3.38 which states that the customer cannot cancel a supply of goods made to their own specification, but this does NOT apply to [....] "opting for add-on memory or choosing a combination of standard off the shelf components when ordering a PC..."

This seems clear cut to me.

I need to call them back today as I want to maintain a health dialogue with them and genuinelly not cause any more trouble - so for me them getting in touch with their courier to cancel delivery makes more sense than them delivering, me returning etc.

So can anybody provide a definitive answer (hopefully sharpish lol!)

neilmcl

The DSRs do apply if you are a consumer, however, are you purchasing under a business account?. Name the company.

vicshippers

It looks like it depends on the specs you made being 'off the shelf' as opposed to custom for the pc. Certainly sounds like the removal of the speaker would be 'off the shelf' - if they simply lifted out the PSU and then added another one then the same applies. So the DSR would apply.

Cardinal-Red

Yes those are literally the only 2 changes to a machine advertised in the national press, and on their website.

I can't imagine a more off the shelf upgrade than the PSU upgrade and I am not even counting not buying the speakers as an upgrade.

They are dragging their feet however denying that I have any rights so I have put it in writing to them.

Delivery is scheduled for tomorrow... if I refuse the item from the courier, would this be ok in terms of protecting myself? Or should I accept them and have them come and collect?

PS I'd sooner name the company once this has been resolved.

Ivory_Tinkler

If you have them come and collect then they may deduct the collection fee from your final refund unless they specifically state that they do free returns. They are allowed to charge the direct cost of collecting an item from you under the DSR's

bingo_bango

You can cancel under DSR at any point from the contract being formed (when they sent you an email confirmation of the order most likely). If you have sent them a WRITTEN (email will suffice) cancellation, then you do not have to accept delivery.

However, as has been mentioned before, this will only apply if you are not acting in the course of a business.

This is the DSR definition of a consumer:

"consumer" means any natural person who, in contracts to which these Regulations apply, is acting for purposes which are outside his business;

I see that you have avoided answering that question.

Ivory_Tinkler wrote: »

If you have them come and collect then they may deduct the collection fee from your final refund unless they specifically state that they do free returns. They are allowed to charge the direct cost of collecting an item from you under the DSR's

A company can only charge the return postage / collection costs if they specifically state this in the written information to be supplied to the consumer. Reg 8(2)(b)(ii) applies in this case. If they do not mention it, then they cannot charge any such fee.

makapo

Cardinal-Red wrote: »

Delivery is scheduled for tomorrow... if I refuse the item from the courier, would this be ok in terms of protecting myself?

Good question.

The rationale of the DSRs is that a consumer who buys online or through mail order should have an opportunity to inspect the goods before the deal becomes final. If you refuse to accept and inspect the goods, are you still legally entitled to the protection offered by the DSRs? Or would you need to find other grounds for rejecting the goods? Anyone know the answer to this?

Cardinal-Red

Sorry may have given the impression I was dodging the question - I am definitely a consumer and have no business interest to worry about. Just to be clear on this

bingo_bango

NP cardinal...always good to check though.

As for Makapo's question, my previous post has sort of covered this, but to clarify:

Once the contract has been formed, the consumer can then cancel at any time from that point. There is no need to await the delivery of the goods to exercise your rights.

pinkshoes

According to DSR:

Exceptions to the right to cancel
13. - (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts -

(a) for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer's agreement before the end of the cancellation period applicable under regulation 12; (b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier; (c)

for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

(e) for the supply of newspapers, periodicals or magazines; or

(f) for gaming, betting or lottery services.

Are you sure that this is not being classified as being made to customer specification? ANY change from the "off the shelf" spec could technically be classified as this...

Cardinal-Red

Hi Pinkshoes,

I read that at first and panicked, but the guidelines here:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Suggest at 3.38 that upgrading a PC with off the shelf components does not count. Would you interpret it differently?