Ebuyer - wrong PC part ordered - refund under Distance selling?

xxdeebeexx

Hi, my son has ordered a complete set of components, for a PC, from Ebuyer £800+


He has made a mistake and ordered the wrong motherboard - cost £80.


The original packaging wasn't sealed when received.
My son opened the box, removed a metal bracket (I/O) from inside the box and removed the cellophane from the bracket.


I then realised the motherboard was wrong.


I phoned Ebuyer today and have been told that, since the box has been opened, I cannot return the unused motherboard.


Is this correct?


tia


dx

wealdroam

xxdeebeexx wrote: »

Hi, my son has ordered a complete set of components, for a PC, from Ebuyer £800+


He has made a mistake and ordered the wrong motherboard - cost £80.


The original packaging wasn't sealed when received.
My son opened the box, removed a metal bracket (I/O) from inside the box and removed the cellophane from the bracket.


I then realised the motherboard was wrong.


I phoned Ebuyer today and have been told that, since the box has been opened, I cannot return the unused motherboard.


Is this correct?


tia


dx

No it is not correct.

On page 28 of the OFT's Guide to the DSRs it says:

Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?
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.

It would probably be worth reading other parts of that guide.
For example you have an unconditional right to cancel the order within a prescribed time and the seller must refund all monies paid.

xxdeebeexx

wealdroam wrote: »

No it is not correct.

On page 28 of the OFT's Guide to the DSRs it says:

It would probably be worth reading other parts of that guide.
For example you have an unconditional right to cancel the order within a prescribed time and the seller must refund all monies paid.

Thank you very much for your quick reply.


I feel that I need to do address this problem in writing.
When I phoned, the lady I spoke to just kept repeating the same phrase .....' if it's open we will not accept a return'


Will an Email do?


However, I must have agreed to terms and conditions before completing the purchase. I may well have agreed to keeping all the items that I ordered.


dx

Slowhand

xxdeebeexx wrote: »

Thank you very much for your quick reply.


I feel that I need to do address this problem in writing.
When I phoned, the lady I spoke to just kept repeating the same phrase .....' if it's open we will not accept a return'


Will an Email do?


However, I must have agreed to terms and conditions before completing the purchase. I may well have agreed to keeping all the items that I ordered.


dx

You cannot 'sign away' your Statutory rights.

redcard

Can't you use the motherboard?

xxdeebeexx

Slowhand wrote: »

You cannot 'sign away' your Statutory rights.

I wonder how many other people don't realise this.


dx

xxdeebeexx

redcard wrote: »

Can't you use the motherboard?

No, unfortunately.


My son had his 'shopping list', got it approved by an uncle in the 'know' and then , at the very last minute my son changed his mind about the processor.

When the parts arrived it quickly became obvious that the motherboard and 'new processor' were incompatible.
The processor seal has been opened, the motherboard had no seal and only the I/o has been unwrapped.


The cheapest way, we thought, was to replace the motherboard to fit the 'new' processor.


We could sell the motherboard on Ebay, and will do at a last resort, but was wondering if there was another way of doing things.


The components arrived 24/12/13


I was just wondering if they may refuse to deal with me again if I fuss too much.


dx

ThumbRemote

xxdeebeexx wrote: »

I was just wondering if they may refuse to deal with me again if I fuss too much.

They may, but you're better off spending a small amount more to buy from a company that doesn't attempt to flout the law to your detriment.

xxdeebeexx

Many thanks for the advice. I received a full refund today for the motherboard.


dx

jaymeskenin

Should not have bothered phoning them anyway - just submit a RMA request through your account page (although you then have to speak to someone from the technical support dept, they're not customer services!)

tomwakefield

As an aside (as your main problem has been answered) I like to use a site like http://uk.pcpartpicker.com/ to check compatibility of components.