Is this right?

arcon5

bod1467 wrote: »

Fixed. I'm presuming this was a typo.

Yes, now corrected

GoatBoy_2

Thanks for all your help guys, I appreciate it. I will email them right away and update the post when I get a response.

GoatBoy_2

Ok just received a reply and they said I do not have a statutory right of cancellation. They then pointed me to their terms and conditions. This is the section on cancellation.

7. Your right of cancellation 7.1 Under the Distance and Selling Regulations you have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below). Cancellation under the Distance and Selling Regulations does not apply to custom built PC's 7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, email or the contact us section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient. 7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned after prior arrangement to the address stated in the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. 7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund you within 30 days for any sum that has been paid by you. You must return the goods to us at your own expense using an insured courier service. 7.5 Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. 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, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. You do not have a statutory right of cancellation under the Distance And Selling Regulations 2000 if you have ordered a custom PC. Please see below for UK Gaming Computers policy on cancellation of these orders Custom PC systems that are built to customer specifications will be subject to the following cancellation charges: Stage Cost Paperwork Stage (within 24 hours of placing the order) higher of £25 or 5% of Invoice Value Components being allocated and/or the build has commenced higher of £100 or 20% of Invoice Value Build has been completed higher of £125 or 25% of Invoice Value Item despatched, received and in use by customer higher of £150 or 30% of Invoice Value

wealdroam

Firstly, their T&Cs do not override any statutory rights.

Secondly, I would prefer to rely on the OFT's interpretation of the DSRs than that company's.

How about sending them a link to the OFT's document... pointing out which bit they are not understanding correctly?

GoatBoy_2

They said "You have entered into a contractual agreement with us which you are choosing to break." in the email. There is this section in the T&Cs not sure whether it makes a difference or not.

1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by UK Gaming Computers Limited. (the "Supplier"). 1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us. 1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions. 1.4 The contract is subject to your right of cancellation (see below). 1.5 The Supplier may change these terms of sale without notice to you in relation to future sales. The Supplier would therefore advise reading our terms prior to each transaction.

Just realized I actually haven't received an acceptance of your offer to buy the goods email so this may not apply.

Does anyone have any idea what kind of merchant fees would be involved in a transaction of this sort?

GoatBoy_2

Ok so I emailed the link to the OFT page and stated the fact that according to their T&Cs I had not actually entered into a contract with them yet. They replied that they will not debate the fact with me any more and I can either cancel or continue the order.

What should i do next?

bod1467

Cancel. Insist on a FULL refund (as per your statutory rights - their equipment is NOT customised per the exemptions defined in the DSR). If they refuse send a Letter Before Action (templates available somewhere around here - just search) by recorded delivery, stating that refusal to refund in full (per their statutory obligations) will result in Small Claims Court action.

To be honest, even if their kit was top-notch, their attitude and response would make me not want to do business with them. If this is what they are like pre-sales, just imagine if there was a fault!

pinkshoes

If you were buying a £1000 computer and want to cancel until you can afford something better, then I think the company's attitude sucks, and they've just shot themselves in the foot and lost out on future business!

I'd insist on cancelling as per your right under distance selling regs, as the computer was NOT customised.

esuhl

As bod1467 says, ask for a full refund. If they don't comply threaten to sue. I think that the legislation that prohibits the limitation of your statutory rights is contained in the Unfair Terms in Consumer Contracts Regulations.

You can check out UK legislation at http://www.legislation.gov.uk/ and there is guidance on the process for taking a company to court (cheap, easy, but hopefully un-necessary) at the Courts Service's Money Claim Online website.

somethingcorporate

esuhl wrote: »

As bod1467 says, ask for a full refund. If they don't comply threaten to sue. I think that the legislation that prohibits the limitation of your statutory rights is contained in the Unfair Terms in Consumer Contracts Regulations.

You can check out UK legislation at http://www.legislation.gov.uk/ and there is guidance on the process for taking a company to court (cheap, easy, but hopefully un-necessary) at the Courts Service's Money Claim Online website.

I don't think it's a deliberate attempt to deny the rights of the customers, I think the company do not know what they are doing (amateur/lazy/naive/chancers etc).

The advice on this thread has been excellent OP, read it all.

Take the refund, issue a letter before action and then sue via MCOL. It's an open and shut case and the company do not have a leg to stand on.

Keep us posted.