Online PC Sales and DSR

bod1467

I came across these T&Cs on a website and wondered what others thought of their grasp of DSR? (I am NOT concerning this with fault (SOGA) issues, simply DSR). I have inserted my own comments but would appreciate any corrections or other thoughts. I have removed details of the company in question.

7. Your right of Cancellation.

We, as an E-Tailer, are governed by the Distance selling act, as shown here.

7.1 The "buyer" has a right to cancel this contract within 14 days from the date of invoice, provided a valid RMA number is obtained from a representative of the "seller".
Wrong - DSR says 7 days commencing the day after receipt

7.2 To exercise your right to cancel, you must contact the seller by E-mail (email address) or by writing to us (postal address), giving all order information.
Seems OK

7.3 Once you have notified the "seller" and obtained a valid RMA number, you must ship all goods back to the "seller" within 7 working days. Once received within this timeframe, the "seller" will issue a refund the total sum for the purchase within 14 working days.
Wrong - RMA is not necessarily relevant but not in itself wrong, but "buyer" has no legal requirement to return the goods prior to receiving a refund. "Seller" has 30 days to refund

7.4 Any damages to the goods "user damae" or missing items from the original invoice document will be deducted from the final refund sum.
Wrong - refund must be made in full and any charges raised as a separate claim/action

7.5 The "seller" cannot under any circumstances issue refunds for software that has been activated or opened by the "buyer" (Outer packing removed and product installed on the PC). This is because any software activated is tied to the hardware of the PC and can not be re-activated on a different set of components. Provided the Operating System installed on the PC has not been activated, a refund for this can be issued. Please see section 13d of the Distance Selling Act for more information on this.
Seems OK

7.6 If you cancel an order that has already commenced warehousing building stages, a sum of £30 will be charged for administration and labour costs to cover the work already done.
Wrong - "seller" cannot charge any admin or restocking fee

7.7 Any services that were ordered with the goods, and/or any outlay from the "seller" in the manufacturing process of the "goods" are non-refundable. These services include Rush orders, professional wiring, overclocking and transportation.
Services? OK. Outlay by "seller"? Not sure on this

7.8 All system must be returned by the "buyer" to the "seller" in original boxes and must have all manuals, cables, discs, documentation and any other accessories included. If the goods are found to be incomplete, the "seller" will deduct the amount from the final refund sum in order to cover costs for replacement items.
Wrong - "buyer" is not duty-bound to have returned the goods prior to receiving a refund. Refund must be made in full then any charges raised as a separate action

7.9 The "buyer" is solely responsible to make sure that any returned goods are in a good working order, and in a resellable condition. Any goods found to be unacceptable in appearance (scratches, dents and/or general cosmetic damage), or not fit to re-sell will be deducted from the final refund sum.
Wrong - "seller" cannot charge a restocking fee

7.10 Under no circumstances can the "seller" collect parts or whole products for refunds.
Seems OK

7.11 Any products returned outside the time period will be subject to 25% restocking fee as standard. No refunds can be given after 45days from the date the "buyer" received the PC under any circumstances.
Hmm. Provided "buyer" has notified intention to return within required time frame then no restocking fee can be charged

7.12 It is standard practice to make sure that any packages coming back to the "seller" are insured for damage and also signature registered by the postal company.
Hmm. "Buyer" only has to send by a form of registered postal service. Logic dictates that a suitably-insured level of service is used

texranger

my replies are in blue

7. Your right of Cancellation.

We, as an E-Tailer, are governed by the Distance selling act, as shown here.
it is Distance Selling Regulations

7.1 The "buyer" has a right to cancel this contract within 14 days from the date of invoice, provided a valid RMA number is obtained from a representative of the "seller".
Wrong - DSR says 7 days commencing the day after receipt
They say 14 days from invoice, so they could be allowing 7 days for delivery as DSR says 7 days commencing the day after receipt

7.2 To exercise your right to cancel, you must contact the seller by E-mail (email address) or by writing to us (postal address), giving all order information.
Seems OK
This is fine

7.3 Once you have notified the "seller" and obtained a valid RMA number, you must ship all goods back to the "seller" within 7 working days. Once received within this timeframe, the "seller" will issue a refund the total sum for the purchase within 14 working days.
Wrong - RMA is not necessarily relevant but not in itself wrong, but "buyer" has no legal requirement to return the goods prior to receiving a refund. "Seller" has 30 days to refund
Seller can refuse a refund until goods are received back or a tracking number is provided showing goods are being returned

7.4 Any damages to the goods "user damae" or missing items from the original invoice document will be deducted from the final refund sum.
Wrong - refund must be made in full and any charges raised as a separate claim/action
If the returned goods show clear user damage or items are missing then the seller can deduct for these but only the true value of the missing items/damage

7.5 The "seller" cannot under any circumstances issue refunds for software that has been activated or opened by the "buyer" (Outer packing removed and product installed on the PC). This is because any software activated is tied to the hardware of the PC and can not be re-activated on a different set of components. Provided the Operating System installed on the PC has not been activated, a refund for this can be issued. Please see section 13d of the Distance Selling Act for more information on this.
Seems OK
this is OK, most sellers will not refund if seal is broken as they cant determin if it has ben activated or not

7.6 If you cancel an order that has already commenced warehousing building stages, a sum of £30 will be charged for administration and labour costs to cover the work already done.
Wrong - "seller" cannot charge any admin or restocking fee

7.7 Any services that were ordered with the goods, and/or any outlay from the "seller" in the manufacturing process of the "goods" are non-refundable. These services include Rush orders, professional wiring, overclocking and transportation.
Services? OK. Outlay by "seller"? Not sure on this
Services OK, if the seller has professionally wired or overclocked, this can be classed as personalisation which means you cant claim under DSR

7.8 All system must be returned by the "buyer" to the "seller" in original boxes and must have all manuals, cables, discs, documentation and any other accessories included. If the goods are found to be incomplete, the "seller" will deduct the amount from the final refund sum in order to cover costs for replacement items.
Wrong - "buyer" is not duty-bound to have returned the goods prior to receiving a refund. Refund must be made in full then any charges raised as a separate action
sell can request all items returned before issuing a refund, but you dont need the originally packaging

7.9 The "buyer" is solely responsible to make sure that any returned goods are in a good working order, and in a resellable condition. Any goods found to be unacceptable in appearance (scratches, dents and/or general cosmetic damage), or not fit to re-sell will be deducted from the final refund sum.
Wrong - "seller" cannot charge a restocking fee
the buyer is responsible for the goods and if they are retuned with clear user damage then a deduction can be made but this must be the true cost

7.10 Under no circumstances can the "seller" collect parts or whole products for refunds.
Seems OK
Fine

7.11 Any products returned outside the time period will be subject to 25% restocking fee as standard. No refunds can be given after 45days from the date the "buyer" received the PC under any circumstances.
Hmm. Provided "buyer" has notified intention to return within required time frame then no restocking fee can be charged
As long as buyer has notified the seller within 7 days and has posted back the item within the 7 days they are fine, but after that the seller can charge a restocking fee, but this must be a true actual cost of their time

7.12 It is standard practice to make sure that any packages coming back to the "seller" are insured for damage and also signature registered by the postal company.
Hmm. "Buyer" only has to send by a form of registered postal service. Logic dictates that a suitably-insured level of service is used

The item must be returned by a trackable means with adequate insurance cover for the item

arcon5

it is Distance Selling Regulations

well.. it's actually

The Consumer Protection (Distance Selling) Regulations 2000

texranger wrote: »

sell can request all items returned before issuing a refund

Not right. The right to a refund and return of goods are not linked in DSRs. Refund must be issued within 30 days irrespective of return.

It's just most retailers wouldn't do this, despite what the law states. And if items arrived back damaged they would also likely not issue a refund and counter claim if it went to court.

texranger wrote: »

As long as buyer has notified the seller within 7 days and has posted back the item within the 7 days they are fine, but after that the seller can charge a restocking fee, but this must be a true actual cost of their time

Do you care to tell us where it state the goods must be sent back within 7 days after cancellation in the DSRs??

Where cancelled within the 7 day period, a restocking fee cannot be charged on B2C contracts irrespective of the time it takes to return goods. Cancellations after the 7 days can.

texranger wrote: »

The item must be returned by a trackable means with adequate insurance cover for the item

There is no requirement to send back via trackable means. It's just the wise thing to do to ensure the retailer cannot claim to not have received the goods and refuse a refund (contrary to DSRs).

if the seller has professionally wired or overclocked, this can be classed as personalisation which means you cant claim under DSR

This isn't necessarily classed as personalised. But the cancellation period for services ends once the service has begun.

bris

That looks like the retailers T&C's which if you choose to do outside the 7 days and within the 14 they could hold you too. If you do it under normal DSR within 7 days then just ignore their terms.
Nearly all online retailers have their own T&C's somewhere but they mean nothing in law, their procedure can't over rule you statutory rights, some need reminding of this though.

bod1467

They have a forum - I have posted there.