Computer device is not the right one but had to take off security sticker to find out, refund?

GervisLooper

This is rather irksome.

I paid for this which is around 60, more than most others, because I did specific research as to whether it would be compatible whereas others seemed less so and this one seemed to tick the boxes.

When I get it I plug it in and find out is it NOT doing what I want it to. No point discussing the technical details but apparently a firmware update in the last couple of years made it non compatible for what I want whereas the reports online of users having used it successfully for the purpose were for before that time.

I only got it yesterday and tried it out immediately. Got all the packaging however there is a security sticker on each end of the box and so me having removed it would prevent it from being sold as new I guess?

Do I have any right to a refund now? Is it another case of right to refuse within 14 days and negotiating a reduction with the seller due to the packaging not being pristine? The packaging is fine but the sticker will look like it has been removed. I didn't cut it but likely has thumb prints on it and will show other signs of tampering.

the_lunatic_is_in_my_head

Hello OP

There's no exception to the right to cancel for opening the packaging on computer hardware. 

EU guidance says:

In principle, the consumer should be able to open the packaging to access the goods if

similar goods are normally displayed in shops in unpacked condition. Hence damage caused

to the packaging by merely opening it is not cause for compensation. However, any protective

films applied to the item should only be removed where strictly necessary to test it.

Although it may be fair to say that type of item may well not be on display in a shop? 

Regardless the trader can only impose a reduction for diminished value rather than outright refuse cancellation, and may only do so when they have given certain information correctly. 

Where did you buy from?

born_again

One reason when checking online reviews is always to look at the date of them..

 a firmware update in the last couple of years 

GervisLooper

the_lunatic_is_in_my_head said:

Hello OP

Where did you buy from?

It is from comms-express.com

I just read the email reply they sent me after requesting a refund giving my reason as not as expected upon trying it out. They are trying to fob me off to the manufacturer!

Good afternoon,

 

Thank you for your email and providing this information.

 

As your manufacture for this unit is D-Link, your warranty will be with them directly; therefore all fault and warranty issues are dealt with directly from point of sale with manufactures, please see below all contact details you need for you to log this with them.

 

They have dedicated technical team who can look in to, and test your item. If a fault or issue is found, they will issue you a replacement or advise next steps.

I had a shoe shop try to do that to me not long ago and after going back home not too sure of my rights and reading mse a little I went back with the knowledge of consumer rights and they then went in the back to speak to the higher ups and quickly got the ball rolling then.

GervisLooper

born_again said:

One reason when checking online reviews is always to look at the date of them..

 a firmware update in the last couple of years 

First time I can recall this happening in over 20 years of buying computer products. Many other issues requiring returns sure but this particular issue is a first.

eskbanker

GervisLooper said:
I just read the email reply they sent me after requesting a refund giving my reason as not as expected upon trying it out. They are trying to fob me off to the manufacturer!

Surely you're simply looking to exercise your right to cancel the contract, rather than engaging with the retailer's returns policy and triggering discussions about warranty?

visidigi

The problem here is it doesn't work for YOUR needs, that doesn't mean to say it doesn't work as intended. In fact a firmware update from d-link taking out functionality would mean its unlikely to be replaced/swapped by the manufacturer anyway.

Does d-link site mention functionality updates (e.g. the firmware logs)? Did the selling site have them?

GervisLooper

visidigi said:

The problem here is it doesn't work for YOUR needs, that doesn't mean to say it doesn't work as intended. In fact a firmware update from d-link taking out functionality would mean its unlikely to be replaced/swapped by the manufacturer anyway.

Does d-link site mention functionality updates (e.g. the firmware logs)? Did the selling site have them?

It is not a removal of functionality for the average user. It was updated to make it easier to setup and more plug and play. What I am using it for is an edge case. 99% of buyers would never know about or care about what I want it for. It is linux functionality for starters!

Regardless right to cancel as I understand it means I could give it back with no reason given, simply change of mind, so long as I haven't trashed it provided it is within 14 days of purchase, which it is.

GervisLooper

eskbanker said:

GervisLooper said:
I just read the email reply they sent me after requesting a refund giving my reason as not as expected upon trying it out. They are trying to fob me off to the manufacturer!

Surely you're simply looking to exercise your right to cancel the contract, rather than engaging with the retailer's returns policy and triggering discussions about warranty?

Indeed. My wording was unfortunate, written offhandedly and in haste while multitasking, as my initial email was discussing lack of functionality as my reason for not wanting it. This probably gave them a low hanging fruit to assuage responsibility, not that it means i should give up.

the_lunatic_is_in_my_head

GervisLooper said:

It is from comms-express.com

Thanks OP.

Reading their terms they start off well but sadly fail on:

8.8 This Condition 8 shall not apply to Goods:

8.8.1 made to your specifications;

8.8.2 where any product and / or packaging seals in respect of such Goods have been opened; or

8.8.3 where the packaging of such Goods has been marked and / or damaged.

There are situations where you lose the right to cancel, known as limits of application, 8.8.1 being a valid example but 2 and 3 are not. 

Cherry on the cake is:

8.9 Your statutory rights are not affected by any of the conditions in this Condition 8.

which is not only false but likely a breach of the Consumer Protection from Unfair Trading Regulations. 

I would start by messaging them to say you are "exercising your right to cancel the contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013" and request a return authorisation number. 

To exercise this right you need to make a clear statement so whilst it may not be natural language to use it is unambiguous. 

If they refuse, or accept but then later refuse to refund or only grant a part refund pop back to the thread and I'll draft an email to hopefully squeeze them a bit  

GervisLooper

the_lunatic_is_in_my_head said:

GervisLooper said:

It is from comms-express.com

Thanks OP.

Reading their terms they start off well but sadly fail on:

8.8 This Condition 8 shall not apply to Goods:

8.8.1 made to your specifications;

8.8.2 where any product and / or packaging seals in respect of such Goods have been opened; or

8.8.3 where the packaging of such Goods has been marked and / or damaged.

There are situations where you lose the right to cancel, known as limits of application, 8.8.1 being a valid example but 2 and 3 are not. 

Cherry on the cake is:

8.9 Your statutory rights are not affected by any of the conditions in this Condition 8.

which is not only false but likely a breach of the Consumer Protection from Unfair Trading Regulations. 

I would start by messaging them to say you are "exercising your right to cancel the contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013" and request a return authorisation number. 

To exercise this right you need to make a clear statement so whilst it may not be natural language to use it is unambiguous. 

If they refuse, or accept but then later refuse to refund or only grant a part refund pop back to the thread and I'll draft an email to hopefully squeeze them a bit  

To clarify, is it true that regardless of what they put on their website the statutory rights make anything they write void if it their terms go against it?