Distance Selling Act vs Overclockers.co.uk

Kushan

Well I have fired off another email and mentioned to them that I've spoke with the OFT, gave them the phone number and linked them to the OFT website. That might give them the idea that I'm not going away any time soon.

Annoyingly, they ignored my polite request for a direct reply email and so I've had to use their web forms for a third time.

I've mentioned to them twice now that if they keep trying to disuade me from returning it via the Distance Selling Regulations, then I'll return it under the Sale of Goods act instead and let them foot the bill for delivery. Hopefully they'll see that I'm being fair by offering to pay the delivery myself (Which isn't likely to be cheap!).

RussJK

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.

Statutory rights trump their terms, but I don't think the DSR is the best avenue. The SOGA is fairly clear about faulty goods, and the OP isn't merely wanting to return it due to 'not liking the product upon closer inspection'.

If the OP has exhausted the options for fixing the trackpad, then personally I'd just sent it back under the SOGA. I have an MSI and the trackpad is fine.

They don't lose anything with the OS being installed anyway, as it'll just be the brand-specific OEM key rather than the unique licence key on the sticker.

PZH

Kushan wrote: »

Annoyingly, they ignored my polite request for a direct reply email and so I've had to use their web forms for a third time.

Make sure you keep a copy of ALL correspondance (a screenshot or similar) - not entirely ideal and questionable as to whether it would be allowed as evidence in any small claims action - but better than nothing.

RussJK wrote: »

Statutory rights trump their terms, but I don't think the DSR is the best avenue. The SOGA is fairly clear about faulty goods, and the OP isn't merely wanting to return it due to 'not liking the product upon closer inspection'.

If the OP has exhausted the options for fixing the trackpad, then personally I'd just sent it back under the SOGA. I have an MSI and the trackpad is fine.

Kushan wrote: »

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.

The retailer would have the option to repair, replace or refund under SOGA.

However, I do get the impression that the OP is not happy with the Laptop as a whole and is hoping the mousepad will sway a refund. (No offence meant to the OP)

RussJK wrote: »

They don't lose anything with the OS being installed anyway, as it'll just be the brand-specific OEM key rather than the unique licence key on the sticker.

I agree - as long as no registration by the OP of additional included software (e.g. Norton, etc) has taken place.

On a side note - Overclockers are notorious for their poor returns policy

Kushan

phoodless wrote: »

However, I do get the impression that the OP is not happy with the Laptop as a whole and is hoping the mousepad will sway a refund. (No offence meant to the OP)

No offence is taken, however it is purely down to the trackpad being unresponsive. I mean, it sometimes takes 3 or 4 attempts to register a click. Multiply that by the amount of times you click in an average session and you can see why it's pretty much unusable (particularly as it doesn't have a dedicated scrolling feature, so you have to click and drag scroll bars). The wife had similar concerns, we both agree that the laptop would be perfect if it wasn't for the trackpad.

I even emailed MSI to see if they'd be willing to "fix" it by installing a synaptics trackpad (it's currently a different make that I can't remember the name of right now) but they never got back to me, so I'm forced to do this.

I have been keeping a record of all conversations so far, luckily their web form emails you with the details.

RussJK

phoodless wrote: »

The retailer would have the option to repair, replace or refund under SOGA.

Actually at this point it's the customer who would have all those options, as he has the right to reject the item completely within the first month or so if a fault develops (usually given as a reasonable time within the first 4-6 weeks).

OP - have you tried the trackpad on a Live CD/USB of Ubuntu? It would certainly pin it down to a hardware fault.

macman

That trackpad doesn't sound unresponsive-it just sounds plain faulty. OP should reject under SOGA and ask them to repair, replace or refund within an agreed period. It's then up to the retailer to prove that the defect was not inherent.
Forget DSR.

Kushan

RussJK wrote: »

OP - have you tried the trackpad on a Live CD/USB of Ubuntu? It would certainly pin it down to a hardware fault.

Actually that's not a bad idea, I might try that later on tonight. I never bothered because when googling for "Sentelic" drivers, I found page after page of people complaining about how poor they were.

Hammyman

Kushan wrote: »

Anyway, the reason I'm returning it is because the trackpad is disgracefully unresponsive.

Have you tried altering the sensitivity in the trackpad properties? Are you sure its not one or more of the many bits of pre-installed crap that is locking up the system or slowing it down?

Run de-crapifier, check the trackpad properties. There isn't a single trackpad in the history of trackpads that is unresponsive. However there are many with a low default sensitivity and many many more laptops bogged down with pre-loaded crap.

InsideInsurance

The Distance Selling Regulations are really designed for circumstances where you are unable to look at the product properly prior to buying it, because of the distance bit, and when receiving it it doesn't meet your expectations. You must return it in merchandisable quality so that the seller is able to sell it as new to someone else. By using licensing keys, having custom builds, registering products etc you lose your rights under the DSR because it can no longer be resold as new.

The Sales of Goods Act on the other hand is about goods that are faulty or do not function as advertised. In the first 6 months it is up to the retailer to prove that the fault wasnt inherent to the item.

Given the circumstances, the track pad isnt working properly, you would be better off returning it under the SOGA rather than messing about with arguing over the DSR

Kushan

It took them several hours, but this is their latest response -

Dear Stephen Donaghy,

Having checked this order date and receipt date I am afraid that the item is outside of the 7 days under the Distance selling regulations to return an item back to us as unwated. We can only allow incoming returns within the first 7 days of receipt. After this time period we can only actually allow a return if the item is faulty. As this order is over 7 days old i can not authorise for a return as unwanted.

Regards,

James Bailey

So they've went from saying the laptop CAN be returned under the DSA to suddenly it can't.
I received the laptop on August 5th (a friday). By their OWN site, it states this -

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

As far as I'm concerned, it is within the 7 working days. But fair enough, if that's how they want to play it, I'll return it via the sale of goods act and they can pay the postage themselves.