Scan.co.uk trying it on with me.

Bigsy_2

Thanks Flyboy152, it seems they have clarified their position on DSR (but still won't budge) see my previous post.

Flyboy152

Sasahara wrote: »

Unfortunately scan are correct in this case.

Once you unseal a computer/laptop with a windows oem product key you are unsealing licenced software.

It's access to the product key with you could copy and use that's the problem, even if you don't intend to.

:wall: :wall: :wall: :wall:

No they are not.

Flyboy152

zenmaster wrote: »

Absolutely. It's just another example of the MSE parrot's litany -

"Not fit for purpose - squawk.
Mis-sold - squawk.
Section 75 - squawk.
Bad customer service - squawk."

I could go on.


Let me try and explain for you simply

Fit For Purpose

Computer: Computes, does not bend.
Bendy toy: Bends, does not compute.

Not Fit For Purpose

Computer: Bends, does not compute.
Bendy toy: Computes, does not bend.

Hope that helps.

Laptops bend=fit for purpose

Laptops do not bend=not fit for purpose.

:wall:

I swear that some people really do forget what this site is for.

Flyboy152

All of this "should it bend" nonsense is totally irrelevant. The consumer can cancel under the DSRs for any reason, as long as it is within the cooling-off period.

Flyboy152

Bigsy wrote: »

Thanks Flyboy152, it seems they have clarified their position on DSR (but still won't budge) see my previous post.

Then you need to formally cancel the contract with them and demand a refund. If they refuse, court and trading standards is the answer.

fozmcfc

Flyboy, if it was that black and white, I could buy pair of shoes, wear them and scuff them, then send them back under DSR. Or buy a pair of trousers, rip them, then send them back.

The question is whether the OP has done anything with the laptop, even taking it out of the packaging, that invalidates them sending it back under the DSR.

Does this fall under the same category of personalised products, which cannot be sent back unless they are faulty or not as described.

Flyboy152

fozmcfc wrote: »

Flyboy, if it was that black and white, I could buy pair of shoes, wear them and scuff them, then send them back under DSR. Or buy a pair of trousers, rip them, then send them back.

The question is whether the OP has done anything with the laptop, even taking it out of the packaging, that invalidates them sending it back under the DSR.

Does this fall under the same category of personalised products, which cannot be sent back unless they are faulty or not as described.

Have actually read the Distance Selling Regulations?

CoolHotCold

If they are not budging then off to court you go.

However if the judge rules in Scans favor then its a dangerous precedent for every online retailer selling laptops and computers.

I BELIEVE there hasn't been a test case yet.

Flyboy152

CoolHotCold wrote: »

If they are not budging then off to court you go.

However if the judge rules in Scans favor then its a dangerous precedent for every online retailer selling laptops and computers.

I BELIEVE there hasn't been a test case yet.

I am pretty sure there many cases where people have taken online retailers to court, for ignoring their obligations under the Distance Selling Regulations.

CoolHotCold

Ignoring obligations yes.

But Scan have taken their own interpertation on DSR's. Computers and Laptops or Netbooks/tablets, items that come pre-loaded with licensed software hasn't been tested before in courts.
I can see both points, but there has to be clarity in the law, and unfortunately theres Grey areas in the law such as the DSR's or SoGA. A judge may well consider licensed software that has been pre loaded onto a hardware device exception under the DSR's if the seal is broken.

Tough to judge.