7 Day Rule-Strange!
Could someone help regarding the 7 day distant selling rules, Scan will not accept my i7 processor back because i have opened it, i have alrady suffered poor customer service regarding my order, but phoned to cancel the order within 7 days to be told the processor could not be refunded, the lady then told me to sell it privately to get my money back. This seems very poor customer service practice and i would like confimation!
Did you specifically state you were returning it under the DSR? If so, it is 7 working days, not 7 calendar days (so excludes weekends/bank holidays afaik), but also makes no reference as to whether the product should be unopened - you just have to have taken reasonable care of it whilst it is in your custody.
I think that's the key, I was always under the impression that if you open a processor then it's yours. I think that applies to some other things too, not sure which ones though.Originally Posted by steffan
To be blunt, if you didn't want it you should have sent it back unopened, either that or if you were so indecisive about spending that much money on it you should have thought a bit harder before buying it.
Hi,
I believe any item that comes in a bubble pack or sealed transparent wrapper should not be opened.
The item can be seen in the wrapper and if its not what was ordered then it should remain sealed and then returned within the time period.
regards
Then it comes to the DSR they are completely one sided towards to consumer. Basically as long as you are a consumer and not a businests, you can basically say I don't want this item any more (within 7 working days of receiving) and they have o refund you in full within 30 days end of.
There a few exepections (sealed software which has been opened, custom made items and a few others).
If you are thinking this is stupid and wide open to abuse, you would be correct but this is how it is, blame the EU
i only see software in there terms, mention that when you phone back. its not your problem the terms page you agreed to does not state CPU's
you are allowed to open and inspect the product under the DSR.
The ONLY restriction the DSRs impose in relation to things being opened is for "audio or video recordings or computer software if they have been unsealed by the consumer". It's Reg 13 (1)(d). It does NOT mention hardware, and the reason for that limitation is to prevent the use of the DSRs for copyright infringement.
Beyond that, under the DSRs, the consumer (and is is restricted to consumers not business buyers) is expected to retain possession of the goods until (within some limits) they are restored to the seller, and to take "reasonable care" of them. It does not define what "reasonable care" means. Only a court can do that.
However, the Office of Fair Trading and BERR (used to be DTI) have issued written guidance (that is therefore persuasive but certainly not legally binding on a court) that they consider opening goods to inspect them to be entirely within the actions that the consumer is entitled to do, and that it is not a reason for refusing to refund.
In that, both they and the Regs themselves make very clear that providing the contract is one to which the DSR applies and that you have cancelled in the required manner (and that last bit is critically important), the right to the refund is unconditional, and subject only to a deduction to cover the direct cost of collecting the goods if the consumer doesn't return them.
But that cancellation can't be by phone, unless that is agreed with the seller. For it to be a valid DSR cancellation, it needs to be in a durable form. So a letter, fax, email etc all all valid, but a phone call is not.
Oh, and even if it turns out that opening the goods is not taking "reasonable care", you are STILL entitled to that refund, if you comply with the DSRs cancellation procedures. The seller would then subsequently have to take legal action against you, and convince the court that you had not complied with the duty to take reasonable care. In the light of the official OFT/BERR position on that, it seems unlikely it would succeed. But, as I said, only a court can determine that for sure.
So if you want to use the DSR, do it in written form, and do it within 7 working days, starting the day after you receive delivery. Oh, and it's the cancellation that has to be within that period, as defined by when you post a letter or send an email, not when it's received and not when goods are received back.
So the girl on the phone was, in a sense, correct. You can't cancel using the DSR like that, and if you aren't using the DSR, I guess Scan's standard RMA procedure would apply, and I presume she knows what that is. If you want to use the DSR, send an email or letter. Soon.
I think the key here may well be whether you specified that you wanted to return it under DSR... Give them a call on Monday and explain that the request is a DSR return.
Or use the web form:
http://web6.scan.co.uk/aspnet/Suppor...px?QueryType=T
No, don't. Do that as well by all means, but if there's any doubt that you're close to the 7 working day limit, do it in writing and so it ASAP.
If you miss the time limit, it won't matter why you missed it, or that you'd been on the phone to them. Miss it and you lose the right to a DSR cancellation, period.
So to cover yourself, get the cancellation letter/email in. But I doubt you'll have a problem with Scan over this. So yeah, ring back, Monday or whatever, and explain again., But meantime, don't miss the window the DSR gives, because once closed, it's closed permanently.
Here is a question for you, I know the DSR's reasonably well (I think) having studied them in depth, but I don't know the answer to this, would not a DSR request on a companies OFFICIAL support forum constitute a written DSR request in a permanent form?
Oh, it could well be, yes.
The Reg's say it must be "in writing or in another durable medium available and accessible to the supplier .....". However, Reg 10(4) does list the form of address that's acceptable, and it does kind-of limit it to official "address last known to the consumer ...."
So personally, to be on the safe side, I'd strongly suggest using such official addresses. I'd guess a web form would work, but why complicate matters. Use either an official published contact address for an email, or an official fax address for a fax, or use the contact address given on emails received relating to the order. That way, there's no doubt.
If you have a 3XS system and you use the support forum for that then maybe. But I'm not sure if scan have a dedicated support forum for non 3XS purchases.
Dunno about you, but I'd prefer not to be putting personal details of the kind required on a public forum.
The cost of DSR inevitably returns to the consumer, as someone has to pay for 'damaged stock' and it sure as hell won't be the retailer.
Why anyone would buy a CPU and then return it is beyond me (unless of course it was a poor overclocker).
Or incompatible with the board they've chosen?
Granted, unlikely with the new i7s, but it has happened before with some of the Q8xxx series and older boards...
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