Distance selling regulation

4743hudsonj

Difficult one, the dsr merely states software is excluded, no stipulation about opened/unopened so id say you couldnt return that. Was it all one item (with supplied software) or were they purchased separately?

joeypesci

Software comes with the NAS drive but you don't need to use it to configure it. As I'm an IT Tech and knew what I was doing, I didn't use it or open it. But do they have the right to charge the restocking fee for opening of the NAS drive? I thought within 7 days they can't. How else can you test an item.

KeithP

joeypesci wrote: »

...do they have the right to charge the restocking fee for opening of the NAS drive?

No they do not. That is what Neilmcl told you above.

Also, in Wealdroam's post above there is a quote which tells you that it can be returned with opened packaging. How the seller deals with that is his problem.

I strongly advise you to spend a few minutes reading and understanding that leaflet that Neilmcl linked to.

joeypesci

OK I've seen that but my point is they keep arguing that there will be a restocking fee. I've sent them the link above, they've still said they will charge a restocking fee. What should I say to them now? They keep asking if I still want to go ahead with the RMA considering the restocking fee? I want to send the goods back but want to refuse the restocking fee, how would I go about this?

So I !!!!!!!! and tell them I've spoken to a solicitor?

neilmcl

No need for a solicitor but tell them you will be taking out a small claims action against them if they don't refund you the full amount.

foysal007

Hi, I have purchased a laptop through the dell home section and the laptop is a consumer laptop and not one advertised in the business section. Now the problem is I ordered through my company business card and to deliver to my business company address but before I submitted the order, it clearly stated that :" By completing this order you are representing that your purchase is for personal use."

Now I have requested an order cancellation and I am worried that they might apply their business terms and conditions and refuse a refund.

Basically the one I ordered was a mistake , so I sent a cancellation email and ordered another one with slighlty different specs and I also mentioned that in the email. Simply, I want to cancel one and keep the other.

I now have 2 laptops to be shipped and am worried that I might not get any refund at all due to their business terms and conditions


Please could you throw me some light on this and how dell may take this further. Thanks

KeithP

foysal007 wrote: »

Hi, I have purchased a laptop through the dell home section and the laptop is a consumer laptop and not one advertised in the business section. Now the problem is I ordered through my company business card and to deliver to my business company address but before I submitted the order, it clearly stated that :" By completing this order you are representing that your purchase is for personal use."

Now I have requested an order cancellation and I am worried that they might apply their business terms and conditions and refuse a refund.

Basically the one I ordered was a mistake , so I sent a cancellation email and ordered another one with slighlty different specs and I also mentioned that in the email. Simply, I want to cancel one and keep the other.

I now have 2 laptops to be shipped and am worried that I might not get any refund at all due to their business terms and conditions


Please could you throw me some light on this and how dell may take this further. Thanks

Foysal007, start a new thread!

DVardysShadow

KeithP wrote: »

Foysal007, start a new thread!

And don't add the same problem to the end of 2 old threads.

Esqui

Going back to the original topic, and playing Devil's advocate...is it a something you could have ascertained without setting it up and using it?

And how does that relate to the DSR? For example, if OP wanted to see if it had a certain feature (e.g. torrent download), they could have checked in the manual. If they wanted a NAS that was, for example, extra-quiet, that would probably require turning on. Same product, same law, but in one case opening the unit could void the right to return?

unholyangel

Under the distance selling regulations, you are quite within your rights to change your mind at any time within the first seven days, return the goods and get a full refund. This means without financial penalty of any kind – such as a cancellation charge or a ‘restocking’ fee. The supplier must also refund any delivery charges paid by you, and any other costs related to the contract.

Although software is listed as an exception, it ONLY applies if the seal is broken on the software.

http://whatconsumer.co.uk/returns-and-refunds/
http://whatconsumer.co.uk/mail-order-your-right-to-cancel/

If they really arent going to budge and you have exhausted their complaints procedure, its probably best to serve them with a LBA (recorded delivery ofc).


Oh and remember and take pictures before you send it back Just in case they try to argue you broke it etc as they dont seem like the most trustworthy company