Custom Laptop and DSR

Supernova

Hi all,

I just ordered an expensive gaming laptop. I was slightly shocked that the suppliers said that DSR (or Consumer Contracts Regulations) doesn't apply to a custom built laptop (they have a preset choice of memory and hard-drive sizes etc.).

I went ahead anyway and was surprised to receive an email just before shipping:

"Just to let you know, there is some damage to the Laptop box, however I can assure you that this wasn't done while the Laptop was in the box, therefore there will be no problems with your Laptop."

Not quite sure what to make of it. Why didn't they just put it in an undamaged box and say nothing - whether the laptop has taken a knock or not?

Don't want this to be an expensive mistake. The goods have a 2-year warranty but should I even accept delivery? Or just say 'Uninspected' and hope for the best?

Thanks!
S

neilmcl

When you say "custom", if it's the case of you selecting a number of listed options for your laptop than that is not classed as customisation in terms of the CCRs.

daytona0

Well, you probably don't have rights under CCR (formerly DSR)! That's about cancelling contracts, and DSR had a clause whereby you couldn't really cancel an order if it was CUSTOMISED. So they may be telling the truth on that one.... Not too sure about CCR mind you, so hopefully another user can clarify that point.


BUT if the item arrives faulty, not as described or not fit for purpose then you have rights under the Sale Of Goods Act!! That can include damage which was made prior to receipt (ie by the seller or the courier). So it would be most prudent to inspect the goods as soon as they arrive and report any issues immediately!!

Personally, I think they've been very honest with you when they could have just blamed the courier for mis-handling it! A lesser company would just 'chance it' and send you the dodgy-looking box in the hopes that you aren't bothered, blaming the courier when queried and leaving you in the dark as to the real cause. This one told you about it! It may sound counter-intuitive to you, but I would be inclined to believe that the Laptop sent would be absolutely fine! I would have more faith in their laptop than I would in a company who did not tell me about the box damage.

Supernova

neilmcl wrote: »

When you "custom", if it's the case of you selectin a number of listed options for your laptop than that is not classed as customisation in terms of the CCRs.

Yes, I thought that sounded a bit fishy but couldn't find any specific paragraph to define the term 'tailor-made' or if it had been tested anywhere.

Obviously I just want the laptop and to spend a happy five or so years with it. Rather than feel it might have been damaged somehow.

S

Supernova

daytona0 wrote: »

Well, you probably don't have rights under CCR (formerly DSR)! That's about cancelling contracts, and DSR had a clause whereby you couldn't really cancel an order if it was CUSTOMISED. So they may be telling the truth on that one.... Not too sure about CCR mind you, so hopefully another user can clarify that point.


BUT if the item arrives faulty, not as described or not fit for purpose then you have rights under the Sale Of Goods Act!! That can include damage which was made prior to receipt (ie by the seller or the courier). So it would be most prudent to inspect the goods as soon as they arrive and report any issues immediately!!

Personally, I think they've been very honest with you when they could have just blamed the courier for mis-handling it! A lesser company would just 'chance it' and send you the dodgy-looking box in the hopes that you aren't bothered, blaming the courier when queried and leaving you in the dark as to the real cause. This one told you about it! It may sound counter-intuitive to you, but I would be inclined to believe that the Laptop sent would be absolutely fine! I would have more faith in their laptop than I would in a company who did not tell me about the box damage.

Yes, that's what I was debating and maybe it's just a case of covering themselves too.

BTW I also discovered yesterday that the SOGA went out of the window in the last few years! Now replaced by The Consumer Rights Act.

S

Supernova

...mind you, what if the courier then further damages the box AND the contents. How would I know which was which unless the suppliers took photos?

S

wealdroam

daytona0 wrote: »

Well, you probably don't have rights under CCR (formerly DSR)! That's about cancelling contracts, and DSR had a clause whereby you couldn't really cancel an order if it was CUSTOMISED. So they may be telling the truth on that one.... Not too sure about CCR mind you, so hopefully another user can clarify that point.

Both the CCRs and the DSRs mentioned nothing about customisation.

They do however both talk about 'personalisation'.
If goods are personalised, i.e. made to the consumer's specification, then the right to cancel the order does not exist.

As Neilmcl (almost) said "if it's the case of you selectin a number of listed options for your laptop than that is not classed as [STRIKE]customisation[/STRIKE] personalisation in terms of the CCRs".

However, if the seller offered a choice of (say) two different graphics cards, but you wanted the seller to install a graphics card that isn't listed as an option, then that is personalisation, and the right to cancel disappears.

unholyangel

Supernova wrote: »

Yes, I thought that sounded a bit fishy but couldn't find any specific paragraph to define the term 'tailor-made' or if it had been tested anywhere.

Obviously I just want the laptop and to spend a happy five or so years with it. Rather than feel it might have been damaged somehow.

S

The actual legislation itself says that no right to cancel exists in the following circumstances:

(b)the supply of goods that are made to the consumer’s specifications or are clearly personalised;

However they are covered by the remaining legislation - ie providing certain information before the conclusion of the contract in a durable medium.

Now you might notice the wording there - made to the consumers specifications or are clearly personalised.

The accompanying BiS guidance might shed some light:

I sell premier league football shirts online. Customers can order a shirt with
their own name on it or that of a premier league team player. Can the
consumer change their mind after they have ordered?
13. Items made to a particular, often unique specification are exempt from
cancellation rights on the basis that a trader might otherwise be left with a
product so specific to a particular consumer’s needs that there is no other
market for it once the consumer has cancelled the contract. Judgements of
what is truly bespoke will, therefore, inevitably be on a case by case basis. In
the above case, the customer should be able to cancel a shirt bearing a team
player name on it. However, a shirt bearing their own name would be likely to
constitute a personalised item to which cancellation rights do not apply.

14. An item made up following a consumer order does not necessarily make it
a bespoke item which is exempt from cancellation rights. An item, for example
a sofa or computer, can be assembled following an order but the component
parts may be made up of parts offered from a standard range. So, for
instance, a sofa where the consumer chooses a fabric and colour from a
range on offer will not be bespoke for the purposes of these Regulations.
However, if the consumer asks the trader to source a special finish and which
is not in the range generally offered by the trader, that is likely to be a
bespoke item.

So here we can see that situations where the consumer chooses from preset options offered by the retailer, they are not considered exempt from the right to cancel because the consumer is effectively choosing from the retailers specifications, not providing their own specifications.


Although I'd ask what your plan is if you intend to cancel? Buy another from the same place or somewhere else? Is there any way to ensure the goods you receive haven't possibly taken a knock at some point and don't show signs of damage? You would have rights under the consumer rights act - although after 6 months you may need to prove (on balance of probabilities) that the fault is inherent to be entitled to a remedy from the seller. If you've paid by credit card, you also should have section 75 protection on your purchase.

bris

http://www.legislation.gov.uk/ukpga/1979/54


Still very mush in use. It has been superseded for consumers but the SOGA covers much more than consumer sales.

unholyangel

Supernova wrote: »

...mind you, what if the courier then further damages the box AND the contents. How would I know which was which unless the suppliers took photos?

S

Generally, the location of the damage on the contents would match up to the relevant damage location on the box

Tbh theres a risk the box could be dropped and not show any signs of damage but a drop like that could (I believe anyway, reasonably competent with computers but not an expert by any means) damage the hard drive. Its what I was alluding to in my post above - that at least they've let you know so you can inspect for signs of damage so I'd be inclined to give them the benefit of the doubt. If they wanted to pass off damaged goods, they would've replaced the box and kept quiet about it imo.

Supernova

Thank you for the comprehensive reply.

unholyangel wrote: »

However they are covered by the remaining legislation - ie providing certain information before the conclusion of the contract in a durable medium.

I got the customisation part - not sure i understand this bit...?

unholyangel wrote: »

Although I'd ask what your plan is if you intend to cancel? Buy another from the same place or somewhere else? Is there any way to ensure the goods you receive haven't possibly taken a knock at some point and don't show signs of damage? You would have rights under the consumer rights act - although after 6 months you may need to prove (on balance of probabilities) that the fault is inherent to be entitled to a remedy from the seller. If you've paid by credit card, you also should have section 75 protection on your purchase.

I would rather not cancel and yes I need a laptop of this specification from somewhere. I paid by CC.

S