OFT - DSR aka buying online..need advice

clarkey3262

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?

No, what the person you quoted is saying it is a Sale of Goods Act issue, which is the main bit of legislation here, if items sent don't conform to that then it is a breach of contract and they need to put it right, at no additional cost to you

tuk

No, what the person you quoted is saying it is a Sale of Goods Act issue, which is the main bit of legislation here, if items sent don't conform to that then it is a breach of contract and they need to put it right, at no additional cost to you

thanks, I'v sent them an email with words to that effect ..and told them they have 24hrs to confirm they will cover postage costs or I will be raising a dispute with paypal

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visidigi wrote: »

Why are you being so confrontational about this?

because everything you post seems to justify the unreasonable position of the company

I dont actually know what you want to gain out of this?

a working fan ..for the price advertised and confirmed in the order(not nearly double)..is that too much to ask?

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..

yes this is what they want me to do..they should send you a voucher for helping them..agreeing to the rma is like accepting that I should pay the return costs( as this is what happens in a standard RMA ) ..if they want to RMA the fan with the manufacturer that's fine ..in my eyes the item needs to arrive working and then breakdown some time after to justify an RMA

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?

if they don't want to cover the postage costs of their mistake I would say this a sensible and reasonable option ..I have offered to send them a photo of the fan not working(only 1 led lit)

visidigi

tuk wrote: »

because everything you post seems to justify the unreasonable position of the company

Im not justifying it, but trying to HELP you based on my experience of the company and the legal requirement for them as a retailer (I stopped shopping there 6 years ago because of the way they treated me) - you are a mile off thinking I support them, I'm just trying to be a voice of reason and calmly explain the quickest way to get the situation you want - you ask in the OP for a quick answer - you're getting it.

tuk wrote: »

a working fan ..for the price advertised and confirmed in the order(not nearly double)..is that too much to ask?

Thats what you'll get if you return it to them with the slip inside - if not then you claim it through PayPal - where is the issue here? There really isn't one.

tuk wrote: »

yes this is what they want me to do..they should send you a voucher for helping them..agreeing to the rma is like accepting that I should pay the return costs( as this is what happens in a standard RMA ) ..if they want to RMA the fan with the manufacturer that's fine ..in my eyes the item needs to arrive working and then breakdown some time after to justify an RMA

What on earth are you on about? An RMA is a Return Merchandise Authorisation which ALL computer retailers online that I have ever dealt with use - indeed mobile phone companies use them for returns, as do watch shops, tv manufacturers etc etc - its an industry standard and by using it it does not in any way modify your rights to a replacement - its an internal tracking mechanism for the company you are returning to - it does not, in any way affect your purchase rights.

tuk wrote: »

if they don't want to cover the postage costs of their mistake I would say this a sensible and reasonable option ..I have offered to send them a photo of the fan not working(only 1 led lit)

You're wrong in saying its a mistake - its not a mistake, they didn't send the wrong item, its faulty. As in the right item but not working - they were not to know this when they sent it - the MTBF on a fan is usually very high - sending a photo is useless to a computer parts vendor - they need to return your broken fan to the manufacturer to get it replaced otherwise the retailer is down two fans instead of the one...

I don't really understand where the issue is here?

tuk

visidigi wrote: »

Thats what you'll get if you return it to them with the slip inside

No it's not, because the extra postage costs more and there is no guarantee I will get it back ..did you miss the part where they are refusing to confirm if they will cover the postage...yet you seem to think putting the information on the medium of paper will somehow make them change their mind..if they were intending to pay the postage they would say so in the reply email like any other/normal customer service...

What on earth are you on about? An RMA is a Return Merchandise Authorisation which ALL computer retailers online that I have ever dealt with use - indeed mobile phone companies use them for returns, as do watch shops, tv manufacturers etc etc - its an industry standard and by using it it does not in any way modify your rights to a replacement - its an internal tracking mechanism for the company you are returning to - it does not, in any way affect your purchase rights.

as a computer hardware engineer I have processed thousands of RMAs, so I know precisely what they are, and also know that in all cases the punter pays the return postage

You're wrong in saying its a mistake - its not a mistake, they didn't send the wrong item, its faulty.

I didn't order a broken fan therefore its a mistake ..unless they sent me a broken fan intentionally? ..their quality control procedure for ensuring broken stock is not sent; is not really my concern, my only care is I get what I ordered at the price they advertised

they were not to know this when they sent it

none of my concern what they know or don't know, the internal workings of their company has nothing to do with me..if they want to send out broken stock that's fine as long as they meet the additional cost to replace...the 2 fans were just loose banging about together in the mail bag no wrapper, separation pad or anything..very odd

sending a photo is useless to a computer parts vendor - they need to return your broken fan to the manufacturer to get it replaced otherwise the retailer is down two fans instead of the one...

yes but like you keep saying its only a couple of quid ..and they paid even less ..if its going to cost more in postage than the fan cost them ..does it not make more sense to keep the customer happy and meet their responsibilities ..the cheapest way for them to do that is just to send another £2 fan ..the next cheapest is to cover the return postage

I don't really understand where the issue is here?

that much is obvious

visidigi

you know what - your arguing for the sake of it - I totally get the problem - I totally understand what happened, but you're being irrational and coming here asking for advice, ignoring it and implying they should fit within your demands. You're wasting your time asking for advice if you've already decided the best way everyone should do business.

RMA's do not change the legal right of the purchaser - thats a fact, no matter what your opinion may be.
A faulty item, which in your case is DOA - is not a mistake, its faulty.

The unfortunate thing is of all the companies which you have done 000's of RMA's with you actually think that good old 'Spie' and OCUK are going to be reasonable - that is actually one of the funiest things I've read all week.

tuk

I already had advice but not from you ... so far all you have said is cut my losses and think of the company ..and that im being irrational expecting to get what I paid for at the agreed price ..SOGA matey; nothing to do with what I decided about businesses ...did you get too much sun today or wha'

bris

OCUK are terrible when it comes to faulty goods, a few years ago I spent thousands with them, both personal and business. One day they send me a product with an intermiant fault, it had to heat up then would fail. After I sent it back they said it wasn't faulty, they wouldn't allow for the time needed to show the fault and took another £20 of my card. Needless to say they lost all my business, and al for a £30 component.
When it comes to returns they are the worst iv'e come across.

visidigi

No I have not.

I have said return the item with reciept for postage in package and letter requesting refund of postage paid to return. I then said if they did not refund that postage to place a claim with PayPal for the amount of postage paid.

Going on your current route, what exactly do you plan to do if they just keep ignoring your mails?

I did say you have to question if all this effort is worth it over £3 - but personally I wouldn't bother, not so much at the product price issue but more the business concerned.

You're concluding what you want to not whats written.

tuk

visidigi wrote: »

OCUK have a reputation for not being the easiest to deal with, so it may not be worth all this

Going on your current route, what exactly do you plan to do if they just keep ignoring your mails? personally I wouldn't bother,

but you're being irrational and coming here asking for advice, ignoring it and implying they should fit within your demands. You're wasting your time asking for advice if you've already decided the best way everyone should do business.

The unfortunate thing is of all the companies which you have done 000's of RMA's with you actually think that good old 'Spie' and OCUK are going to be reasonable - that is actually one of the funiest things I've read all week.

sending a photo is useless to a computer parts vendor - they need to return your broken fan

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?

well, whaddya know

Dear Sir,

I am sorry to hear of your complaint, the photo of the item won't be needed we will arrange for another fan to be sent out to you free of charge. Sorry for the problems that you have had.

Regards,

Technical Manager
Overclockers UK

thanks to all who posted, including visidigi for putting me in the right frame of mind to write the complaint

arcon5

Option 1)
You can file a PayPal claim and if they don't respond paypal will find in your favour, make you return the item before they release funds to you. This way you would need tracking ID, assuming its a light weight fan (300grams perhaps?) would cost about £1.90. Although they are supposed to pay for the return of faulty goods, they probably won't so the only way to enforce it would be through the courts.

Option 2)
Or return it to them for about £1 standard post, hope they acknowledge its arrived, hope they refund your postage costs (but unlikely) and hope they actually replace it. If option 2 fails, resort to option 1.


The way I see it, its loose loose for you, especially having read of others experiences with them.

But even so, I can't believe you willing to spend so much time & effort moaning about a £3 item. If I was you I would cut my losses and buy a new one elsewhere, use option (2) and hope for the best.