Distance Selling Act vs Overclockers.co.uk

macman

Can they not just change if for a different trackpad then?

Kushan

macman wrote: »

Can they not just change if for a different trackpad then?

Well that's the annoying thing. On MSI's website for the laptop, if you go to download the drivers, they give you synaptics drivers. Problem is, it's not a synaptics trackpad. I fired off an email to MSI days ago explaining the situation and seeing if they would install a synaptics trackpad, but I've yet to have a response. That was part of the reason why I waited until the last possible moment to return the laptop.

Elle7

I wouldn't hold out much hope of getting a response to your Overclockers complaint by tomorrow morning...I made one four months ago, and have got no response despite complaining twice more since, and mentioning the lack of response both in emails through the web forms and on the phone.

Their customer service is atrocious, and I'd say it's unlikely it'll pass their RMA test - it isn't usability, it is a technical 'exam', which if the trackpad works, it will pass. Especially because it sounds more like you don't get along with the trackpad then it being a fault - for example, my Macbook Air has an odd trackpad, you have to click in exactly the right place for it to register. It's just how Macs are...I'm used to it now, and don't think twice, as I expect most Apple users dont. For people not used to it, it is very irritating.

Kushan

Surprise surprise, I haven't received a response to the complaint that I lodged with them and from what I've read, I doubt I ever will.

I'm sending them another message, after this I think I'll be looking at filing with small claims.

George_Michael

If you do go down the small claims route, (it's now all done in county court) make sure that you play it by the book by sending them a letter before action. (recorded delivery and keep a copy).

This is a very useful page that gives all the details.
http://www.tradingstandards.gov.uk/wirral/countycourtindex.htm

Kushan

George_Michael wrote: »

If you do go down the small claims route, (it's now all done in county court) make sure that you play it by the book by sending them a letter before action. (recorded delivery and keep a copy).

This is a very useful page that gives all the details.
http://www.tradingstandards.gov.uk/wirral/countycourtindex.htm

Thanks! I'll keep that bookmarked.

Kernel_Sanders

What sort of Mickey Mouse outfit is this 'Overclockers'? Presuming the OP copied and pasted their original email, let's take another look at it and mark corrections in red....

Dear Stephen Donaghy, (not MrDonaghy)
Unfortunately as laptops have an OS software installed on them they are actually except exempt from Distance Selling Regulation returns i am afriad afraid. Only if they are still sealed we can can we accept returns on laptops.

It looks as though this operation is being run from some spotty kid's bedroom who got expelled from school for disrupting English lessons.

RussJK

Shovinus wrote: »

(DSR applies for 7 working days only, as we work Saturdays and it is possible for the customer to contact us on those days Saturdays count)

The Office of Fair Trading defines a working day differently:

"Working days means all days other than Saturdays, Sundays and public holidays."
from: www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf, Page 3.

But the point is moot as the OP didn't need to use the DSR in the first place.

Shovinus wrote: »

My colleague is still correct in saying that due to the fact it has a licensed software code stuck to the bottom of the laptop, that once opened it is exempt from DSR,

You may need to explain that further.

The device will be using a generic, pre-activated MSI OEM key. At no point was the 'licenced software code stuck to the bottom of the laptop' actually used or unsealed. You could restore it to factory defaults over and over without compromising the licence key on the bottom.

Kushan

I can confirm that yes, they have sent me an email offering me an RMA. It does also state within that to just give me a refund, so when I send it off tomorrow, all should be well.

Just to make a point regarding the windows license, though -



This was in the box. It's hard to see from the image, but it's still sealed in its plastic wrapping. You can feel that there's clearly a disk inside it. As far as I'm concerned, this is a sealed copy of windows so all that stuff about it being unsealed shouldn't apply.
Furthermore, the preinstall copy of windows has now been restored to factory settings. It's now on the exact same setup/registration screen as when I first got the laptop. Manufacturers give you a unique key, usually as a sticker on the device itself, but the installed copy of windows uses a generic OEM key. Every MSI laptop will use the same key in this regard, as it's infeasible to have every PC/Laptop come with a unique key preinstalled. This is how ALL OEM installations work and which has been stated in the thread several times.

So in summation, the laptop is being returned in the exact condition I received it, even before I opened the box.

donkey14

It's good that they have seen sense.