Having real issues returning a laptop under DSR to scan.. continued

[Bigsy]

Please feel free to merge with: http://forums.hexus.net/scan-care-he...-dsr-scan.html

I have spoken to consumer direct and I believe I am fully correct in wanting to return this under DSR for a refund, they have summerised the findings in an email which I have forwarded to scan (with ref's if scan want to check). I want to post the email here just to as this sparked quite a debate and I feel this justifies my stance:

Dear Mr X,

Thank you for your enquiry to Consumer Direct. Your reference number for this case is XXXXXXX and should be quoted in all further correspondence regarding this case.

The key legal points in response to your enquiry are as follows:

With reference to your enquiry, the relevant regulations that apply are the Consumer Protection (Distance Selling) Regulations 2000. These regulations provide cancellation rights where goods are ordered over the internet, telephone or by mail order. These rights provide a cancellation period of 7 working days from the day after the goods are delivered or the paperwork for the service has been received. You need to make your intention to cancel known within this time period.

When cancelling under these regulations, the refund must be processed within 30 days. This refund should include the cost of the item and the original postage. The cost of return postage will depend upon the terms and conditions.

Although software is an exemption once the seal has been broken, this would relate to items such as compact discs where there is potential for you to copy the software. An item would not become exempt just because there is pre loaded software.

Under such circumstances, it would usually be wise to write a recorded letter to the trader. You should make time of essence for the refund to arrive within the 30 day period. You will ask the seller to inform you of the correct returns process. You Make sure that you keep a copy of all correspondence for your records. You will find a template at the following link:

https://consumer-tools.direct.gov.uk...rs/dsr_letter/

In addition, because you purchased the item on your credit card, you may also be able to argue under section 75 of the Consumer Credit Act 1974. This legislation will make your credit card company jointly and severally liable for any breach of contract. For this reason, you may wish to inform the credit card company of this problem in case you need to recover costs from them at any stage. You will find a template letter for this at:

http://www.consumerdirect.gov.uk/aft...nsumer_credit/

Please note: We here at Consumer Direct will always endeavour to give our best legal and practical advice, but in the end it is only the courts that can decide what your rights are and if the company/trader won’t give you what you feel you are entitled to, the only way to enforce your rights would be through the courts (although this is rarely necessary).

If you do not receive a satisfactory response and you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.

Thank you for your enquiry.

Alan Dix

Consumer Direct

Hopefully scan can admit fault here, and we can sort this out without having to go any further.

[F1nn]

Although software is an exemption once the seal has been broken, this would relate to items such as compact discs where there is potential for you to copy the software. An item would not become exempt just because there is pre loaded software.

Agreed 100% I thought it sounded fishy. Not impressed with your stance at all Scan, not at all

Hope it all goes smoothly for you Bigsy, you should never have had to go to these lengths!

[Chris P]

Bigsy

Thanks Bigsy

This is an interpretation of the law as we have our interpretation, the part, which stands out would be .


Although software is an exemption once the seal has been broken, this would relate to items such as compact discs where there is potential for you to copy the software. An item would not become exempt just because there is pre loaded software.


But just like copying CD software, there is the potential to copy the software loaded onto the HDD inside the Laptop.

I have forwarded this to the Returns Manager to respond to shortly.

P.S - This thread has been moved to the After Sales section so future replies will be from the OP and SCAN only.

Best Regards

[Bigsy]

Bigsy

Thanks Bigsy

This is an interpretation of the law as we have our interpretation, the part, which stands out would be .


Although software is an exemption once the seal has been broken, this would relate to items such as compact discs where there is potential for you to copy the software. An item would not become exempt just because there is pre loaded software.


But just like copying CD software, there is the potential to copy the software loaded onto the HDD inside the Laptop.

I have forwarded this to the Returns Manager to respond to shortly.

P.S - This thread has been moved to the After Sales section so future replies will be from the OP and SCAN only.

Best Regards

Although again I think more is being implied than what is stated in the law by your points, I will counter them by saying:

1. The seal on the laptop has not been touched to get access to the hdd.

2. The laptop has not been turned on, setup process for windows has not been done, no license activated, no opportunity to clone the drive by other means.

[Chris P]

Bigsy

The HDD can be removed without switching on the laptop, and as far as I am aware there is no security seals of any kind, which would be broken by removing the HDD other than any seals broken from using the laptop sufficiently enough to determine the degree of the viewing angle.

Also how could the viewing angle be determined without switching the laptop on to display an image, to make a decision about the viewing angle?

Regards

[Bigsy]

Bigsy

The HDD can be removed without switching on the laptop, and as far as I am aware there is no security seals of any kind, which would be broken by removing the HDD other than any seals broken from using the laptop sufficiently enough to determine the degree of the viewing angle.

Also how could the viewing angle be determined without switching the laptop on to display an image, to make a decision about the viewing angle?

Regards

There is most definitely a warranty seal on the underside of the laptop which would be broken if you tried to remove the HDD. Would you like me to post a photo of said seal?

As for the viewing angle, I have never complained about the screens viewing angle, my problem is with the amount of screen tilt, you don't need to turn it on to see this.

Again the laptop has NOT been turned on, even if it had speaking to consumer direct I don't believe it effects my right to return it under DSR anyway... but the point is moot, its not been turned on. The battery and power adapter are still unused/packaged also.

[Chris P]

Thanks Bigsy

Let's wait and see what the returns Manager as future replies in hindsight may just be academic.

Best Regards

[Bigsy]

Am I likely to get an update on this today?

Thanks

[TheOtherJola]

Hi. Registered here just to say that I'm disappointed to read that Scan are trying to hide (incorrectly) behind a piece of consumer law in order to avoid making a customer happy again.

I'm going to think very, very carefully before ordering the £1200 shopping cart I've been eyeing up. Windows has a part on preinstalled copies whereby opening the laptop and powering on you then have to tick the "yes, I accept the licence" and when *that* is done you can not return under DSR.

Until then, you can. Or, you should be able to (as I have done with computers etc in the past). So the fact that Scan are worming out of making a bad situation good ... well, I'm disappointed.

Off to Amazon I go!

Bigsy, can you update?

[Blitzen]

This is very interesting.
Any update on the outcome?

[Bigsy]

Scan did in the end allow me to rma for a refund, but only after I got consumer direct involved (who were fully in agreement with my stance).

Scan offered no word of apology or any remorse for treating me the customer in such a poor fashion, quite way they chose this route is baffling as they would of lost far more business than the laptop cost considering the amount of forums I posted my situation on.