Distance Selling Regulations - PCs

bingo_bango

I would be of the mind that this is not a customised machine. The very nature of a PC means that it is manufactured using a number of components sourced elsewhere and placed together to form the whole.

If Cardinal_Red had asked them to create some new piece of hardware, or etch his name all over the casing and constituent parts, then I would agree.

As the trader is using a number of off the shelf parts to build the machine, then this likely does not fall into that category. It's not as if they can't use the parts again.
Different story if there had been an order for personalised pens or such.

Cardinal-Red

Bingo Bango,

Thats my interpretation of it too. If I had asked them to make me a suit, or a pair of shoes etc, this is what I see as being "custom made"

All of these individual components are still usable in my view, especially in light of the fact that the custom bit of it, the Power Supply Unit, could not be more out-of-the-box.

Optimist

I'm assuming the company your dealing wish isn't Dell as they had the idea that DSRs do not apply to them a few years ago for this very same reason.

The OFT had to step in to tell them they did !

Cardinal-Red

Hi Optimist, no not Dell, though this information you provided led me to some fantastic info including the OFT's guidance to IT sellers.

However, despite the now overwhelming evidence, the company are refusing to accept that I have any rights under the DSRs - so can anybody advise me what to do next? They've basically said that they will not offer a refund until a court of law tells them to - is that going to be necessary?

pinkshoes

I was trying to see why they might be saying that DSR don't apply...

I'm thinking that they're trying to include it under customised items category, as you used the configurator to change the spec.

Have you had a reply from them as to why DSR don't apply to them, and which clause they think they fall under?

neilmcl

Is this company based in the UK?

The best thing to do now is contact Consumer Direct who should be able to advise you on the next course of action which may well be starting up a Small Claims action against the company in question.

Cardinal-Red

Pink Shoes,

They are definitely going with the custom build explanation. I have asked them to reconcile their position with that in the guidance but they have refused to comment further, literally saying they won't discuss it any more unless it's in court.

Neil,

Yes UK based so no problems there. Will contact Consumer Direct as you suggest.

OlliesDad

Which company is it?

Cardinal-Red

OlliesDad wrote: »

Which company is it?

I'd prefer to not name them until this is all sorted - or is that me being overly cautious?

bingo_bango

CD will pass the details to Trading Standards who have a duty to enforce DSR non-compliance. They may decide to pass it to the OFT to look at unfair terms though, as this can be a quicker route.