Scan Computers

Biblu

Hi,

Just looking for some advise on a product I purchased from scan.co.uk

So first the facts:

• I purchased a motherboard which was delivered to my place of work last Thursday 20th at 10:30.
• I went to build my computer on Saturday 22nd and noticed that the motherboard was damaged. The CPU socket pins on the board are broken/bent rendering the motherboard useless.
• I e-mailed scan Sunday 23rd to inform them that the motherboard was faulty and I would like to return it for a replacement.
• They e-mailed me back this morning telling me that it couldn't be returned because "All items that are received with any kind of damage must be reported within 48 hours, as per our terms and conditions."
• I phoned them straight back this morning after doing some consumer research on here and feeling armed with my 'SAD FART'. However, I was told that the sale of goods act 'not fit for purpose' is different and didn't apply because the motherboard had "physical damage".
• The lady on the phone told me I should e-mail them back with my complaint under the sale of goods act and the e-mail would be passed on to a manager.

So the question is, how do I compose my e-mail reply. I've done a bit more research and I think I would also be covered under the Distance Selling Regulations?

Do I reply asking for a return under the sale of goods act as the product is not fit for purpose or of satisfactory quality?

Or do I ask for a refund under the Distance Selling Regulations which state I am entitled to a seven day cooling off period?

Or do I use both of these arguments?

Lastly, are either of those arguments null and void because of the product and reason for return: computer motherboard delivered faulty.

Thank you for any help and advise you can offer, it will be much appreciated!

bris

If the motherboard was brand new , they will say you caused the damage to the pins, something they will see on a regular basis, so it doesn't matter which route you go down as they will refuse your claim anyway. The pins are easily bent if you put the cpu in the wrong way and try to force it down with the clip.

DSR and SOGA are two separate things. If you go down the SOGA route they will claim user damage and reject your claim. You could try the DSR route which gives you 7 working days to notify them of your intent to cancel and legally they should refund you within 30 days regardless of the circumstances, they in turn can then sue you for failing to take reasonable care of the item. In practice this isn't going to happen and now they know of your problem they will just reject your claim anyway.

ThumbRemote

Return under the Sale of Goods Act. You are entitled to reject the goods within a reasonable time, and without doubt 4 days is quite reasonable.

They are talking rubbish, their own terms and conditions cannot override the law, and they are committing an offence by suggesting otherwise.

tomwakefield

ThumbRemote wrote: »

Return under the Sale of Goods Act. You are entitled to reject the goods within a reasonable time, and without doubt 4 days is quite reasonable.

They are talking rubbish, their own terms and conditions cannot override the law, and they are committing an offence by suggesting otherwise.

In theory, and under the law, yes. But don't be surprised if Scan refuses to refund, claiming that the damage was caused by you, so it may be worth drafting a letter before action in the meantime.

Biblu

Thank you for the replies, especially the scan specific ones. I thought the argument would just be to get them to accept the return but I think you might be right; once they concede that they will just argue it was me. Surely I have the advantage being the consumer here; companies can't just get away with sending faulty goods and then claiming you damaged them?!

After posting here I spoke to CAB who agreed it should be returned under the sale of goods act and told me to write a letter to scan. I e-mailed them a letter, from a template on the CAB website, and will also post a copy today.

They replied to my e-mail and asked me to return it with a RMA number so I will send it tomorrow.

Should Scan be paying for postage?

Or do I have to pay for postage and then claim at a later date?

I intend to take plenty of photographs of the damage and how I pack the item before shipping it back.

I thought scan were a reputable company but it seems not when it comes to returns!

Altarf

Clearly the board is now damaged, and that part is not in dispute, so photos prove nothing.

At the end of the day the issue is, you say the motherboard arrived damaged, Scan say that it was sent out undamaged.

The best you can do is send the board back to Scan and hope that they refund, since other than that, if they refuse to accept what you say, what are you going to do then? Sue them?

Look at it from Scan's point of view. How many customers do you think they get telling them that a component that the customer broke trying to install, was broken on arrival? And how do they tell them from you?

Customers breaking things obviously happens frequently, since they even offer insurance against it - http://www.scan.co.uk/scansure/

prowla

Normally you would expect them to exclude weekends from any number of days, but anyway 2 days is not long enough to determine whether an item is faulty.

Altarf

It is two days to inform them it is damaged, not that it is faulty.

Nilrem

Was there any sign of the box for the motherboard being previously opened?
IIRC most are sealed, but I've had an issue with Scan in the past where a motherboard was unsealed on arrival (I'd ordered the same model a few weeks earlier for another build which was sealed).

Unfortunately the pin sockets are very easy to damage (although not as easy as it was for the CPU's*), and it seems fairly standard to blame the user, although I'd be surprised if at least some of the time it was something that happened in the factory when the board was being packaged.


*But unlike a bent CPU pin you can't fix a bent socket pin (I've fixed a couple of old Intel CPU's that arrived with a bent pin).

prowla

Altarf wrote: »

It is two days to inform them it is damaged, not that it is faulty.

OK, but would that include weekends?

Also, is "damaged" intended to refer to damaged in transit, as opposed to there being an issue with the item itself; there is no requirement to open the packaging and inspect the contents within two days.

You would also assume that bent pins on the CPU socket of an item in a sealed box would be likely to be a manufacturing fault.