Scan.co.uk trying it on with me.

Bigsy_2

Basically I bought a netbook from them, I got it the yesterday and within seconds of opening the box I could see that it had very limited screen tilt, like barely past 90 degrees. This just isn't comfortable for me and I was generally disappointed with the build quality so I wanted to send it back, I thought I had 7 days to return it I have used this for electronics which were not suitable for my needs in the past.

So I tried to return it and this is the response I got from scan:

Thank You for your email, unfortunately as the manufacturers seal has been broken and due to software licensing we would be unable to accept the item for refund.
Current legislation does not permit the return of opened items which contain licensed software.

Can I just say that this is a preloaded netbook there is no physical software included with it at all, it hasn't even been turned on and I can't return it?

I have just finished reading the distance selling rules:

w w w.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Interesting under section 3.38 (page 23) it states I can't cancel withn 7 days if product is:

* audio or video recordings or computer software that the customer
has unsealed

This is obviously what they are trying use against me, but there is no software to "unseal"? It's a preloaded laptop it has no disks and the laptop hasn't even been turned on.

Scan are refusing to budge at all, what can I do? I feel I'm being screwed over here, I didn't buy software I bought a laptop, and I certainly didn't unseal any software, there is none to unseal. Help!

Thanks.

sabz3008

Well actually, I don't know why you're looking at computer software and so on as it's nothing to do with that...What you need to do is e-mail them telling them that it's a breach of the SOGA and that it's "not fit for purpose" ...Don't worry about the software licensing nonsense...Did you pay by credit card? If so, section 75!!... If not, e-mail them demanding to take it back...As a matter of fact, as it's not fit for purpose , you can get THEM to collect it or pay for the postage....Don't forget to ENSURE that your P&P charges are refunded as well....If you sent it back under DSR (which they still should take it back anyway), you may have had to pay for postage....Either way,

SOGA: Not fit for purpose!

Oh, further to this - Another thing you could argue is that you don't accept the software license too

Bigsy_2

Thanks, I did pay with credit card. So what would you suggest is the best course of action?

1. Email Scan saying I want to return the goods under section 75 SOGA as they are not fit for purpose.

2. If they fail to accept this (I feel they might) is then best to contact my credit card company?

Is there any body I can contact which will enforce these laws for me?

Thanks

hsj2011

I used to use Scan an aweful lot but don't particularly like them now. I bought a computer case (pc tower) from them a couple of months ago and when it arrived, the front was all snapped off. Luckily the next day was a Saturday and I live close enough to drive there to return it, so I did. The guy that checked it over made me feel like I was the one that broke it, despite the fact I'd reported it within 24 hours. The did change it but I didn't like the way they made me feel.

If they are refusing to accept the netbook back, tell them, you have purchased hardware, not software and as such they are bound by the distance selling regulations which must give you ample time to change your mind.

Failing that, you could always send it to me and I'll go and take it to them for you

visidigi

sabz3008 wrote: »

What you need to do is e-mail them telling them that it's a breach of the SOGA and that it's "not fit for purpose"

How on EARTH is it not fit for purpose? The fit for purpose means it doesn't do what it was designed to do - that is not the issue here, it does do exactly what its designed to do, its just that the OP doesn't feel comfortable with the viewing angle it offers - this is a personal preference of the OP and not something which makes the device not fit for purpose.

You won't be entitled to a Section 75 chargeback as you have the device, which works to manufacturers specification -just because the OP doesn't like that specification it still remains that it was bought according to the specification which he did recieve.

I do agree that Scan's view on this is a little harsh, but you need to be sure, before you barge in with the SOGA/S.75 that you actually understand and correctly follow the proceedure.

As for the software arguement, have you turned the device on - based on your complaint you wouldn't have actually needed to turn the device on to know the viewing angle was not comfortable - therefore this additionally doesn't help your situation.

Does the device boot up to Windows? If it does, there is your software - now have you activated the Windows install?

Computers are a very particular topic where you really need to share all the facts of whats been done to be able to advise you accordingly.

Bigsy_2

No, I haven't turned it on.

All I have done is opened the box, took out just the laptop, seen that the screen has a ridiculously tiny amount of tilt that I know I won't be able to use it comfortably, put it back in the box...then ask for a refund.

visidigi

have you made that explicitly clear to scan? maybe try one of the care forums? I know http://forums.hexus.net have one which deals with Scan Customer Issues...

catfish50

Bigsy wrote: »

Basically I bought a netbook from them, I got it the yesterday and within seconds of opening the box I could see that it had very limited screen tilt, like barely past 90 degrees. This just isn't comfortable for me and I was generally disappointed with the build quality so I wanted to send it back, I thought I had 7 days to return it I have used this for electronics which were not suitable for my needs in the past.

I wouldn't find 90 degrees comfortable either. It seems you have the right to return it under Distance Selling Regulations, provided it's not exempt. This seems to be what Scan are trying to forestall by mentioning software. Sounds ridiculous to me.

Play it by the book, I would. First check with Consumer Direct, and if they confirm that netbooks are not exempt under the DSR, write to Scan using the template from Consumer Direct:

http://webarchive.nationalarchives.gov.uk/20110202192605/http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/dsr_letter/

You might want to add a sentence to the template letter stating that Consumer Direct have advised you netbooks are not exempt.

That puts the ball in their court. If they still won't accept the return, contact your cc provider about a Section 75.

Of course, if Consumer Direct say netbooks are exempt, that won't work. Please update here if you contact CD, and report what they say.

Bigsy_2

visidigi wrote: »

have you made that explicitly clear to scan? maybe try one of the care forums? I know have one which deals with Scan Customer Issues...

Yes I have, funnily enough the top thread on the hexus scan forum shows them spouting the same rubbish about opeing laptops and piracy:

forums.hexus.net/scan-care-hexus/202984-laptop-return-will-i-get-issues.html

sabz3008

How on EARTH is it not fit for purpose?

If the laptop goes to just 90 degrees, I wouldn't personally consider it fit for purpose to be honest. - Remember, 'fit for purpose' / as advertised etc... are notions which are open to interpretation, and if the OP feels it's not fit for purpose - ie. not comfortable, then it's not fit for purpose!

You won't be entitled to a Section 75 chargeback as you have the device, which works to manufacturers specification -just because the OP doesn't like that specification it still remains that it was bought according to the specification which he did recieve.

OP, If you want to do a chargeback then you will have to send the device back to them and make sure you have evidence you have, but - this is a last resort.


In terms of DSR, there's nothing that suggests a laptop/ notebook / netbook or computer is exempt as the DSR allows for the customer to inspect / try out the product as he/she would get the chance to do so in a shop. The laptop is hardware, furthermore, as I've said before - the OP has not turned the netbook on THEREFORE has not 'accepted the software EULA' as of yet.

OP, If I were you I would write a letter like this:

"Dear Sir / Madam

RE Order Number:

I have contacted you already in regards to not being satisfied with the netbook I purcahsed on / / - I have made it clear that I intend to return this netbook to yourselves under Distant Selling Regulations. You claim that as seals to software have been opened that you refuse a return. However, I have not turned on the netbook and therefore not accepted the software end user license agreement and effectively not used any software. Distant Selling Regulations provide a 7-day cooling off period and an unconditional right to cancel during that period. This allows the consumer time to examine the goods or services being offered, as they would have when buying in a shop. The cooling off period starts 7 working days after the day the goods were received and for services 7 working days after the order was made. Though there are exemptions to this such as , if :

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

This netbook does not fall into any of the above mentioned categories and therefore I hold a legal right to return this product. Furthermore, as the mentioned complaint about this netbook is in regards to the fact that the display does not open to a comfortable position, I consider this to deem the goods unfit for purpose as the average consumer is unable to use a netbook in such position. Should you refuse to accept a voluntary return, I will be forced to take this matter further.

---

This is just a sample letter quickly drafted, by no means send it as it is - edit it before sending.

Hope this helps.

Bigsy_2

Thanks for that, I've posted on their forum at hexus now, just hope they see sense and it won't need to come to anything more.