Refund from Overclocker's

jsls18712

Hi there

I don't know if this in the correct area I am having difficulties getting a refund from Overclocker's here's my story

I would like to say sorry in advance this is a long one

I ordered a motherboard from overclocker's found it didn't work so I returned saying I wanted a refund. Which they agreed to any way a day latter they tried to return the board to me after charging me £20 for the privalige . I phoned up and Spoke to customer services and said I didn't want the board back as I have replacement, I said I was entitled to a refund under Distance selling regulations as I was well within the seven days and their reply "the product has been used therefore is excluded from the regulation" I asked "how do you know the motherboard was used?" and I got one of the most Technical replies I have ever heard "because their is signs" so I asked "what are the signs?" to which I got "there are just signs" at which point I got very annoyed and asked for a manger or someone who knows what they are talking about, guess what none are available so I asked for a call back (I still have never had the call back) I phoned city link and rejected the delivery and got my credit card changed ( so I could be charged again) Iphoned up again same story as last time. So I have given the Details the credit card company to investigate. They have sent the board again I have rejected it and emailed them.

Good Evening

You have sent this motherboard out to me again I do not want I requested the a refund under the Distance selling act this has not been done I have rejected the Motherboard twice I shall now be rejecting it a third time. I have informed my Credit card company of the issue which they are investigating. I will phone City Link tommorw to reject the delivery again, I do not want the Motherboard to be sent back out to me but I do want My Money back. I have phoned twice and asked for a manager to speak but none have been availqable I asked for one to call me back but none have.

If you wish to phone me up regarding the refund of my money then my number is
XXXXXXXXXX if not then please wait for Credit card company to contact you.

Regards
Jon

Dear Jon

This board was not sent under the distance selling regulation, but was sent back as a faulty item. We have no notification for it being sent back under the DSL however a RMA was created for a defective board.

Regards,

Richard Green

Dear Richard Green,

Thank you for your email, as I mentioned in my previous message please contact me on XXXXXXXXXXX to discuss my refund if you are not willing to refund my money then please wait for Credit card company to contact your company. I am more than disgusted with the Customer Service I have received, I would be willing to speak to a manger but none are around and none phone me back when I have asked. I have phoned City Link this morning rejecting the delivery.

Regards,
Jon Scott

Dear Jon

As has been stated before Sir, the item was originally reported as faulty. This leads me to believe the board has been used anyway in which case distance selling regulations do not apply.

Regards,

andrew mountford

Dear Andrew Mountford

Thanks you for your reply, I think you may be intrested in the Distance Selling regulations PDF for businesses which can be found http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

I would like to point section 3.38
Q)Can consumers cancel an order in any circumstances?

A)Unless you have agreed that they can, your consumers cannot cancel if the order is for:
audio or video recordings or computer software that the customer has unsealed

As we both know a Motherboard is Computer Hardware not Software

and section 3.58
Q) Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?

A)3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

So as I have stated before if you wish to call me regarding my refund or a manger to call me regarding my refund then you may contact me on XXXXXXXXXXX

Regards,
Jon

This is where it currently stands I waiting to hear from the credit card company or overclockers.

Has any one else had a similar problems.

Thanks for reading my gripe

Jon

hollydays

Might go better on the vent ,or warnings and rip-off boards?

pinkgem

i think you are getting confused and confusing them

are you returning it because its faulty?

or returning it under DSR because you changed your mind?

if it is faulty you should be entitled to a full refund

if you are returning under DSR then it needs to be new/unused/untested. i believe DSR only applies when you change your mind about a new unopened product.

they know it has been used as you told them it was faulty so you must have tried it to find out that it did not work

hollydays

yes.When you say it doesnt work-do you mean it was faulty or was unsuitable? A couple of reviews on ciao and dooyoo refer to poor returns service too.They give their accountant as their registered office.

satan666wayne

pinkgem wrote: »

if you are returning under DSR then it needs to be new/unused/untested. i believe DSR only applies when you change your mind about a new unopened product.

Wrong

You can open the box and remove the item any try it.

A)3.58 The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging, but you cannot insist on this.

pinkgem

satan666wayne wrote: »

Wrong

You can open the box and remove the item any try it.

A)3.58 The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging, but you cannot insist on this.

sorry my mistake, when i wanted to return an item to a reputable online retailer i was told it must be unused and unopened

OP wants to return the item as it is faulty so not sure where the DSR comes in to this anyway

bcl999

I had problems with them last year when they sent me the wrong items. I had to return them at my expense and although I got a refund for the items,I never got refunded my return carriage charges (which were almost £20). They just ignored my e-mails and letters. The company is actually called Esnet Ltd (trading as Oveclockers). Their registered office as listed at Companies House is an accountants in Stoke on Trent but they never replied either. I gave up in the end.

bucksliz

We also had problems with customer service (or lack of it) and delivery times not being adhered to even though we paid a rediculous amount of carriage for next day, delivery took 4 days with no explanation or apology. Good products in my experience but I wouldn't recommend.

psilocybe

You could always pop up/down to see them in their store (Stoke-on-Trent).
I've had a few problems with them also. The big stinger with RMA'ing pc stuff is when they charge you £20 if the item ends up faultless, you would have been better off just saying you didnt want it and getting charged the carraige instead.

jsls18712

Well I got a reply from Overclocker's telling me to email the manager direct with my problem and that was it, no I will forward this on to a manger or I will get a manger to call you back. I have told the credit card company disputes team who said not to bother they will claim the complete sum back from Overclocker's Bank (for once the credit card company is getting money back for me and not taking from me:p )

So I shall wait and see

brainwaster

have a look at this forum

http://www.overcockers.net/