Scan.co.uk trying it on with me.

asbokid

It's not relevant to the OP but in another Hexus thread, the illiterate Returns Manager at SCAN, Wesley Aldred is making another false claim about the Distance Selling Directive.

From http://forums.hexus.net/scan-care-hexus/202984-laptop-return-will-i-get-issues.html#post2079964

Wesley Aldred of SCAN writes:

This item was collected in store, as such the contract was NOT concluded at distance and as such the DSR's do not apply.

Wesley

Wesley@SCAN is making up the laws on Distance Selling as he goes along..

The Conclusion of a Contract is NOT the same as the Fulfilment of a Contract.

From the Office of Fair Trading document OFT698 - A Guide For Businesses on Distance Selling:

A contract is concluded when the consumer becomes bound to buy something and the business becomes bound to supply it.

As SCAN knows, the contract is concluded once the consumer has paid for the goods.

It is the fulfilment of that contract which involves the actual supply of the goods. But that delivery of goods does NOT have to be done by distance. The consumer is entitled to collect the goods from the retailer himself.

So long as the conclusion of a contract was done by distance, the consumer protection under the DSRs still applies, whether or not the consumer collected the goods from the retailer.

SCAN is exposed for telling another falsehood about the DSRs.

asbokid

Lavendyr wrote: »

So my understanding is that Scan have said that they can't take it back under DSR because by opening the laptop lid you have accepted the software bundled into the laptop. This is presumably because the laptop is pre-installed with an OEM version of Windows.

SCAN's skewed interpretation of the law on Distance Selling and its mean-spirited attempt to exploit the Microsoft End User Licence Agreement (EULA) to extinguish the consumer's rights under the Distance Selling Directive, are a legal nonsense..

A consumer cannot be bound by a contract term to which he had no real way of becoming acquainted. A retailer cannot affix a label to a product that says "by opening this box you agree to be bound by the terms of the EULA contained within it."

SCAN should pay heed to the Unfair Terms in Consumer Contracts Regulations and Schedule 2 to those Regulations. The Schedule contains an indicative but non-exhaustive list of terms which may be regarded as unfair.

An example of an unfair term is one that has the objective or effect of "irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract."

And the Conclusion of the contract in the case of consumer goods purchased online was at the point when the consumer agreed to buy those goods and the retailer agreed to sell them (i.e. the contract conclusion occurred when the consumer clicked the "BUY" button and completed the purchase process).

In its interpretation of the Unfair Terms in Consumer Contracts Regulations, the Office of Fair Trading states that an Unfair Term includes:

Binding the consumer to hidden terms

Terms that make the consumer accept provisions they have not seen are liable to be considered unfair.

Lavendyr wrote: »

This is a problem with the way in which such laptops (not just Scan but all such laptops) are sold, because you cannot assess the hardware without unsealing the software effectively!

Exactly. And where there is "an unfair term in a contract concluded with a consumer by a seller [it] shall not be binding on the consumer."

This means that in the case of the contract concluded between the OP and SCAN, the fact that the OP when she took delivery of the goods had to open and break a EULA seal on the box to examine the goods has no relevance on the consumer contract of sale.

Best to follow common sense and ignore garbage like this from the Returns Manager at SCAN Computers..

were (sic) an item contains SOFTWARE under anti piracy legislation if the seal has been broken the licence has been accepted and as such the item WOULD then be excempt (sic) from the [Distance Selling] regulations.

Wesley, Returns Manager, SCAN Computers

http://www.consumeractiongroup.co.uk/forum/showthread.php?114284-Validity-of-Shrink-Wrapped-Software-EULA-in-the-UK
http://www.legislation.gov.uk/uksi/1999/2083/made
http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/1998_2/robertson/

MothballsWallet

I don't know if Windows 7 is different, but when I got my laptop with XP Home, I had to either phone Microsoft or connect to the internet to activate Windows after it finished installing the OEM edition (final setup stages and configuration details), so surely just opening the packaging on a laptop/netbook and taking it out won't do anything to the software licence unless you power it up and go through the activation process?

visidigi

asbokid wrote: »

Nice try visidigi, but just not true.

SCAN runs the Hexus forum to control the discussion.

Being in control allows SCAN to disseminate false information and to delete uncomfortable truths.

Nope. The OP posted two earlier queries to the Hexus forum, but these were deleted unanswered and without explanation.

Because of the censorship in practice, posting complaints to the Hexus forum is a waste of time.

The "agent administrator" of the Hexus forum is an obvious shill for the companies that pay him to operate the forum. Just look at his mindless back-slapping of SCAN.

SCAN was a wretched company to deal with 15 years ago. No sign of improvement there then.

*sigh*

The OP's posts were not deleted, they were merged with an existing topic on the discussion, so please check your facts..

If you look on the forum, the thread still exists, its just locked because they have both stated their sides and its now being escalated up to CD/TS.

Yes there is alot of back slapping of Scan on the forum, that I will not disagree, but thats because alost of the people there have no issue with the service/prices that Scan offers - like everyone says more people complain than compliment.

Again, it was a proposed method of engagement for the OP, which on this occasion raised a response - which also triggered further input.

For me its clear you have a personal biased negative opinion of Scan, one which is slanting your judgement of them. I don't have that, as I stopped by enthusiast PC hardware a few years back after many, many years in the industry (on and offline content).

I'm not backing one side or another here in the concept of discussion, I do personally though beleive that Scan are in the wrong here, that is my personal opinion though.

Lavendyr

Yeah I should add that I too am actually a fan of Scan and have had mostly very good experience with them.

Bigsy_2

visidigi wrote: »

*sigh*

The OP's posts were not deleted, they were merged with an existing topic on the discussion, so please check your facts..

If you look on the forum, the thread still exists, its just locked because they have both stated their sides and its now being escalated up to CD/TS.

Yes there is alot of back slapping of Scan on the forum, that I will not disagree, but thats because alost of the people there have no issue with the service/prices that Scan offers - like everyone says more people complain than compliment.

Again, it was a proposed method of engagement for the OP, which on this occasion raised a response - which also triggered further input.

For me its clear you have a personal biased negative opinion of Scan, one which is slanting your judgement of them. I don't have that, as I stopped by enthusiast PC hardware a few years back after many, many years in the industry (on and offline content).

I'm not backing one side or another here in the concept of discussion, I do personally though beleive that Scan are in the wrong here, that is my personal opinion though.

Actually my original thread was deleted and the minute I complained It was reinstated, the new thread I had to make was merged some time later (into the now locked thread).

If you read the thread which is now locked wesley said he removed the original one as I had started another thread which was quite frankly complete rubbish. I started a new thread to complain that it had gone, it came back, and someone else from scan then tried to make out like I was going crazy or something.

Nick_[D]vB

asbokid wrote: »

Being in control allows SCAN to disseminate false information and to delete uncomfortable truths.

That would never happen on this forum...

FYI - Scan do NOT run the forum, they just moderate their section,

everyone knows the illuminati run the rest of the Hexus forum...

:rotfl:

Bigsy_2

Scan have finally issued me with an automated RMA email.

I won't hold my breath for an apology, but hay ho... case closed I guess.

asbokid

Bigsy wrote: »

Actually my original thread was deleted and the minute I complained it was reinstated, the new thread I had to make was merged some time later (into the now locked thread).

If you read the thread which is now locked wesley said he removed the original one as I had started another thread which was quite frankly complete rubbish. I started a new thread to complain that it had gone, it came back, and someone else from scan then tried to make out like I was going crazy or something.

We could see that your complaint was deleted by Scan and then resurrected later. And it was evident that Scan was also editing your messages to remove the main thrust of your complaints. What's the point of having a forum like that?

Still, the struggle you've had with Scan does at least clarify things for other consumers..

Under the DSR, you have every right to inspect goods in your own home - and to reject them - just as would have that right when purchasing them in a store.

The right to return a laptop under the DSR is not extinguished by the breaking of a seal on the outer shipping box of the laptop.

There is no implied agreement to the EULA terms of pre-loaded software from simply opening the outer shipping box of a computer system.

The terms of an EULA for pre-loaded software do not form part of the consumer contract of sale for a computer system.

drussellh

OP=Forgive my ignorance but what is a RMA e-mail ?