Distance Selling Act vs Overclockers.co.uk

Kushan

Hi there everyone,

I bought a new laptop from Overclockers.co.uk and received it the other day. Immediately, I did not get on with it, mostly due to the rubbish trackpad that MSI decided to use.

Anyway, I figured I would return the laptop under the distance selling act so I fired off an email to ocuk and this was the response I got -

Dear Stephen Donaghy,

Unfortunatly as laptops have a OS software installed on them they are actually except from Distance Selling Regulation returns i am afriad. Only if they are still sealed we can accept returns on laptops.

Regards,

James Bailey

I've read over the act repeatedly and I can't find anything that specifically mentions pre-installed software, only software that has been "unsealed". There is an OS disk with the laptop that has not been unsealed at all, but I'm not sure where I stand with this - can anyone help? It's quite an expensive laptop so I'll be a bit upset if I'm "stuck" with it.

EDIT: I've edited the title as this seems less to do with the DSA and returning a PC/Laptop and more to do with overclockers.co.uk doing their utmost to refuse a return

nick5466

it is being looked at as a 'known issue' in consumer law, I'm sure there was a thread about this with a laptop from SCAN. Maybe on other forums...

Not a lot you can do about it, sorry.

(Edit: I bought a MSI laptop from there and yes the track pads are poor, nothing a USB mouse can not sort though.)

Kushan wrote: »

Hi there everyone,

I bought a new laptop from Overclockers.co.uk and received it the other day. Immediately, I did not get on with it, mostly due to the rubbish trackpad that MSI decided to use.

Anyway, I figured I would return the laptop under the distance selling act so I fired off an email to ocuk and this was the response I got -



I've read over the act repeatedly and I can't find anything that specifically mentions pre-installed software, only software that has been "unsealed". There is an OS disk with the laptop that has not been unsealed at all, but I'm not sure where I stand with this - can anyone help? It's quite an expensive laptop so I'll be a bit upset if I'm "stuck" with it.

Kushan

Hmm, that's a bit of a !!!!er. Going by that logic, the likes of say...a dvd drive would be unreturnable as it contains pre-installed drive firmware.

Anyway, the reason I'm returning it is because the trackpad is disgracefully unresponsive. As far as I'm concerned, it's not of satisfactory quality and not fit for its purpose of being a LAPtop, so I'm going to try mentioning the sale of Goods act and give them a choice - allow me to return it under the distance selling act at my own expense, or have it returned under the sale of goods act at their expense.

macman

Yes, software is exempt, and in this case it's 'unsealed' as it has been pre-installed and validated using the legitimate licence key. It's the licence key you are paying for, not the hard copy of the OS.
Just plug in a USB mouse as advised.
Or have you tried getting a replacement based on their own returns policy, whatever that is?

Kushan

macman wrote: »

Yes, software is exempt, and in this case it's 'unsealed' as it has been pre-installed and validated using the legitimate licence key. It's the licence key you are paying for, not the hard copy of the OS.
Just plug in a USB mouse as advised.

I didn't validate anything, I didn't type in any kind of license key. And if I use a mouse, I can't use the laptop on my...lap, which due to poor eyesight is pretty much essential for me.

macman

I know you didn't, the OS is pre-installed.
Have you tried altering the trackpad settings in Control Panel?

tanto

hello kushan you should contact consumer direct who will be able to advise you on the sale of good act
they can be contacted with the number below
Consumer Direct 08454 04 05 06

Kushan

macman wrote: »

I know you didn't, the OS is pre-installed.
Have you tried altering the trackpad settings in Control Panel?

Oh believe me, I've tried everything from installing different drivers, adjusting settings, to even attempting to install specially modified drivers people have made to try and combat the issue, all to no avail.

tanto wrote: »

hello kushan you should contact consumer direct who will be able to advise you on the sale of good act
they can be contacted with the number below
Consumer Direct 08454 04 05 06

Haha, I literally just got off the phone with them a few seconds ago (although I called a geographical number so I could use my mobile) and oddly enough, the girl on the phone completely agreed with what I originally said - that the distance selling act still applies. However, she said that I should contest it under the sale of goods act since it's not fit for its purpose and get them to pay the cost of returning the laptop.

EDIT: I think I'm getting somewhere -

Dear Stephen Donaghy,

Having checked with the manager the laptop itself is eligible for a DSR return but as the OS has been used we would have to take the cost of the OS off the refund amount on the actual laptop itself if the OS has all been registered.

Regards,

James Bailey

Any thoughts on this?

stilltheone

They are just trying it on. There is no 'grey area'. You have a statutory right to return it within seven days, whatever the reason.

If they refuse, you could sue them in the small claims court and they would lose. I'm sure that they don't want the bailiffs on their doorstep.

Don't even think of accepting anything less than a full refund.

dogmaryxx

Overclockers terms state

7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned.

Know very little about this but surely it was unsealed by them not the OP or am I splitting hairs/clutching straws.

stilltheone

dogmaryxx wrote: »

Overclockers terms state

7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned.

Know very little about this but surely it was unsealed by them not the OP or am I splitting hairs/clutching straws.

I'm sure that it was just the Preinstalled OS. They can just run a Factory Restore.
They are just making a drama to discourage the OP from returning the machine.

Doesn't reflect well on them.

I'm sure if they saw this thread they would think again.