Bespoke item not as described

exyjerome

Hi All,

I ordered a gaming computer off the web and agreed the specifications with the merchant, it's arrived and one of the parts inside is different to what was ordered, the case is scratched in a few places. The terms say they can change parts out if the requested one isn't available/compatible and that they would let me know before proceeding, but they didn't. The terms on the site say if I return it I'll be charged 25% as a restocking fee as it's bespoke.

I just want to know what my rights are, I don't want to refund it and lose 25%. I read that as it's bespoke they don't have to provide a refund, but it's not as described and not free from minor defects.

Cheers

Sandtree

Its damaged so reject the goods on that basis.

exyjerome

Yeah I've just read another post on here  saying that it isn't actually bespoke, as I've just used their dropdowns.

Cheers.

shiraz99

Whether it's bespoke or not is irrelevant. It's damaged/faulty and doesn't have the items you specified so you should be able to reject it for a full refund on that basis alone.

exyjerome

Good to hear. I've let them know I'd like to reject it and return it, so we'll see if they give me grief.

Cheers.

MalMonroe

Hi, as others are saying, you still have your rights, even when items are bespoke, if they are faulty. And especially when you buy from the internet.

The info in the following link is very helpful - I know there's quite a bit of info but you can scroll down to the sections you need. Originally prepared and regularly edited by Martin L.

You're entitled to a refund without any extra charges.

Don't forget to quote your rights under the Consumer Rights Act 2015, and keep repeating that until their penny drops. 

Ergates

If the goods are damaged then one of the options they have is repair.  If it's just a scratch on the case this could well be actually quite simple for them.

With regards to the changed components - have you spoken to them about it?  What about the changed component makes you no longer want the PC?  Is it lower spec?

I would be careful arguing that the PC isn't bespoke simply because the specs were chosen from drop down menus.   This is a strong argument when you're dealing with something like a sofa - where there might be 3 or 4 different shapes and half a dozen different colours.   But when it's a PC that might have a dozen different options for a dozen different components and so, potentially, thousands of different permutations/combinations, then it doesn't really hold up.

redped

Ergates said:

If the goods are damaged then one of the options they have is repair.  If it's just a scratch on the case this could well be actually quite simple for them.

If it's within 30 days then the OP doesn't have to accept a repair.

I would be careful arguing that the PC isn't bespoke simply because the specs were chosen from drop down menus.   This is a strong argument when you're dealing with something like a sofa - where there might be 3 or 4 different shapes and half a dozen different colours.   But when it's a PC that might have a dozen different options for a dozen different components and so, potentially, thousands of different permutations/combinations, then it doesn't really hold up.

This has been done to death here before, and the consensus is that this is not a bespoke item.  There's nothing stopping the company from removing the components and reusing them in a new build.

Sandtree

I would ignore the whole bespoke thing, and even the different component, simply inform them it arrived damaged and so you are simply exercising your right to reject the order under the consumer rights act. 

exyjerome

I have spoken to them regarding the RAM and the scratch, they've offered to collect the previous and build me a new one in the mean time but I'd rather not deal with them any further.

Their website states an alternative brand may be offered, which I have no problem with, but I have ordered what one would considered a decent brand and ended up with the cheapest brand possible.

I've told them I'd like to reject the goods based on the scratch/markings, they've said they can "send a label for drop-off for refund." which is progress, it's a huge box though so a PITA dropping it off anywhere!