OFT - DSR aka buying online..need advice

tuk

need a quick answer,

Ordered 2 pc fans(£3 each) from overclockers.co.uk, on arrival( 2/6/2011 ) one fan worked ok the other fan was dead/broken..it was either sent out that way or damaged in transit.. more likely been sent out broken

anyway contacted overclockers who sent me a cheeky email basically saying if they receive the fan and its working they will charge me £13 ..the whole tone of the reply was basically trying to scare me into not returning the fan...and then gave me an RMA number which is bit weird as the fan didn't work on arrival

I sent them a reply asking if they would be covering the postage to return the fan ...and they sent me their premium rate number to dial for support

I sent them another email asking again about the postage..which they have ignored..I get the feeling they are stalling me ..the fan was only £3 odds ..but if I pay the postage then it ends up costing me £5 and all because they didn't test the fan before they sent it out

what are my rights? ..Im guessing this is time sensitive hence their stalling tactic

clarkey3262

DSRs will cover you for a change of mind return, this is more a SOGA problem, but you could say you are returning them under the DSR as faulty, they would not be allowed to charge you even if they found the fan was working. Now you ordered them 4 days ago, when did they arrive?

As for postage, what do their terms and conditions say? Although these need to be in a durable format, so what it says on their website is not relevant, if they didn't send you any then they should (I think) refund all postage to return the item, especially as it is faulty anyway.

HTH

tuk

it arrived on Saturday 4 days ago..but it takes them 24hrs to reply to emails so we are 4 days along the way

they didn't send me any toc ..only an order conformation email..if I cancel the order and return Im still going to have to pay the return postage right? ..& also means removing the working fan from the pc

the silly thing is the have now reduced those fans to £2 each since I ordered, surely the sensible thing to do is just send me a new fan and forget about the old one..as it will cost them the price of the fan just to cover the return postage..

what should I do if they are basically ignoring me about the postage question?

visidigi

retailers dont test computer products before they are sent, thats simply not realistic, and why manufacturers have QC checks before dispatch.

The £13 charge is a standard NFF (No fault Found) fee for Overclockers, its the same testing a fans as it is a PC and return postage to you after testing is then on top - its the same with many different industries where testing is required - I have yet to compacross a PC retailer who won't charge you if they find the item you sent back faulty is not faulty - why should they - they have to pay the staff to test something that works perfectly...

clarkey3262

So it arrived Saturday, that means you are 3 days into your 7 day cooling off period. To cancel that item (ie the non working fan) all you need to do is tell them (eg an email) that you are cancelling the order and wait for the response, they can take as long as they want to contact you but you will have informed them within the 7 working days starting the day after deliver as required under the DSR, you don't have to return them within 7 days no matter what they tell you

tuk

dude I couldn't give a $%^& about their fee, what about my fee for the time I have wasted writing emails and posting on forums ..much longer btw than testing a simple fan which takes 10 secs max..I know because I'm a hardware eng. myself

so If I order a lightbulb and they send me a teddybear I have to pay the return postage? ..I ordered a working fan which I have not yet recieved

Under the Distance Selling Regulations (2000) you have the right to cancel the contract relating to your order at any time up to the end of 7 working days after the goods are delivered. To exercise your right of cancellation, you must give written notice to Overclockers UK by letter, fax or RMA WebNote giving details of the goods ordered and date received. Notification by phone is not acceptable. If you exercise your right of cancellation under the Distance Selling Regulations (2000) after the goods have been delivered to you, you will be responsible for returning the goods to Overclockers UK at your own cost. The Distance Selling Regulations (2000) places a duty on you to take reasonable care of the goods once you have exercised your right to cancel. Returned items must be packaged properly and shipped in a plain outer box. Please try to include all internal packaging, cables, manuals, drivers and protective bags, however small. Overclockers UK will refund you within 30 days for any sum that has been paid by you or debited from your credit or debit card for the goods. If after exercising your right under the Distance Selling Regulations (2000) you do not return the goods as required, Overclockers UK may charge you a sum not exceeding the direct costs of recovering the goods. When exercising your right to cancel under the Distance Selling Regulations (2000) please return goods to Overclockers UK (Esnet Ltd), 4 Axis, Millenium way, High Carr Business Park, Newcastle-under-lyme, ST5 7UF.

clarkey3262

No, that is a SOGA problem and they would be liable for the cost of getting the wrongly sent item back from you, not the other way around

Forget their fee, under the DSR they can not charge you it, they can however insist that you pay for the return postage, but only if they informed you before the contract was conculded

tuk

the info I posted was from their site, but they didn't send it to me directly, but they could say it's up to to me to read it? ..so if I order a working fan and they send me a dud ..what should I do? ..cancel the order and tell them they are liable for return costs? ..or raise a dispute with paypal? ..or?

visidigi

You have an RMA number, use it - in the package you send back include a letter detailing they need to refund postage on the return and if possible put the receipt for the postage in the packaging at the PO.

DSR doesn't come into it, the item is faulty, you have an RMA number - if you're adament on return thats the way to go but beware, OCUK have a reputation for not being the easiest to deal with, so it may not be worth all this cost of the fan and 'writing emails and forums posts' instead consider writing it off and just not using a retailer that enforces such requirements for such cheap products.

tuk

visidigi wrote: »

DSR doesn't come into it, the item is faulty, you have an RMA number

the item was faulty when they sent it out..how does dsr not come into it? ..are you saying I am liable for their mistake..I did not order a broken fan ..& did not receive what I ordered or what they advertised

include a letter detailing they need to refund postage on the return and if possible put the receipt for the postage in the packaging at the PO.

if they wont reply to my email..why would they send the postage?

visidigi

tuk wrote: »

the item was faulty when they sent it out..how does dsr not come into it? ..are you saying I am liable for their mistake..I did not order a broken fan ..& did not receive what I ordered or what they advertised


if they wont reply to my email..why would they send the postage?

Why are you being so confrontational about this? I dont actually know what you want to gain out of this? Who said you were liable? I didn't - they've provided you an RMA so use it?

All you do is send it back, with the letter and receipt and they refund you - its the same with any faulty purchase - if they don't refund the postage you put a claim into PayPal for it - to be honest though - aside from consequential cost which can't be realistically measured you are talking a £3 fan, plus £1.50 registered post at a guess...worth the grief? Probably not for anything other that a principle point of view..

From what I can read you seem to think they should just take your word for it and post you out another? would that be about right?