distance selling regulations

  • Thread starter Thread starter Sardine
  • Start date Start date
  • Replies Replies 9
  • Views Views 436

Sardine

Well-known member
Staff member
Staff Moderator
Donator
Joined
Mar 12, 2012
Posts
12,218
Country
England
Region
Merseyside
Bought myself a new laptop.
Cost over £1600.
I bought a Scan 3XS lg15, customized with, 680gtx,msata and hdd,16gb ram etc.

Delivery was 4 days late they said they was busy.

Day 1, laptop was unpacked and very nice it is.
After 2 hours use copying my emails,documents ,photos,steam etc across a dead pixel appeared bottom middle, full on white pixel.
Contacted Scan to be met with ISO standards blarp and it is within rules. So I swallowed that one.

Day 3
I've noticed when the laptop is fully charged the charger (huge brick) made whistling and cricket type noises altering pitch when I scroll a web page or hdd activity. Completely silent under load or not connected to laptop.

Contacted Scan and a replacement was sent and this is the same, very annoying in a quiet room. On top of this I also see that if I close the lid (not in a game) the laptop as it should goes to sleep, intermittently on re-opening the laptop the system fails to resume and stays black screen with the fans running.

Day 5
Contacted Scan again and when I explained the issues and asked for a refund I was met with dsr. Because the laptop was custom built dsr is not allowed, I know this to be untrue as dsr only fails if you have custom blinds etc, not a custom built PC/laptop from off shelf parts.

Day 7
Contacted scan again and they have asked for the laptop to be returned for inspection and repair.
They state.
Dead pixel falls under ISO rule as class 2 panel
Not resuming from sleep is a windows or BIOS problem not a fault
2 chargers very unlikely faulty (I'm not deaf,,,yet)
Have offered to "take a look" and replace not refund if found faulty.
I asked for a refund but was told no they will replace if faulty.

I paid via PayPal.
Am I being awkward should I send it back for repair?
If I do send it back I've go to remove my personal data,photos,personal documents, remove emails and accounts and even then that data could be recovered.

Anyone here offey with Distant Selling Regulations and my options here.

Thanks for looking.
 
Get paypal dispute up and running now, stating laptop is not fit for purpose, ie too noisy and you are using it for home recording as a musician, also you requested refund within 7 days due to dsr and were refused... that is against your consumer rights....

Knack em......in your position I would do everything possible to stuff that laptop back down their throats....£1600 is a lot of money.....

TC :)
 
ok I gave scan the details of DSR and the 7 day rule.

their reply.

"Hi Kevin

We have issued an RMA and emailed this to you please
return the laptop and if upon inspection we confirm it is faulty we will issue a refund for the laptop

Regards

Ben
Scan Computers"

I just hope they are fair on the inspection and don't rule against me hiding the faults.
 
Just remember, the noise issue is sufficient to reject it..it is a fault, they shouldnt do that..
If you can make a video recording with sound demonstrating this then that is your evidence, use your phone to record the video.
Gather and keep photographic and any evidence regarding your dispute.
Once you have sent the laptop you will not be able to collect any evidence and it will be your word against theirs.

TC ;)
 
ill do it later, kids louder than it atm ;)
 
Distance Selling Regulations say you have 7 working days starting the day after you receive the goods to change your mind. You must notify the seller in writing (email is ok) during this period that you wish to return the goods. The goods do not have to be faulty and I don't think you have to give any reason for returning the item other than your rights under DSR. I'm not totally sure about the custom build argument but I don't think it applies in your case. I think it is about personalised items and custom measurements or finishes.

---------- Post added at 19:53 ---------- Previous post was at 19:44 ----------

Just found this in the terms and conditions on Scan's web site.

c) Your right of cancellation
  • The rights of cancellation set out below apply to any agreement between you and us save insofar as the agreement is in respect of computer software if it is unsealed by you.
  • You have a right to cancel the agreement at any time before the expiry of a period of 7 working days beginning with the day after the day on which you receive the goods.
  • You may cancel by giving us notice in any of the following ways:

  • by a notice in writing which you leave at our address (given above);
  • by a notice in writing which you send by post to our address (given above);
  • by facsimile to our business facsimile number (given above);
  • by electronic mail to our electronic mail address (given above);
and the notice shall operate to cancel the agreement between us.
  • If you cancel the agreement :

  • you must return the goods to us at the address given above ;
  • the goods must be returned to us complete (please note the definition of goods given above) ;
  • you are responsible for the cost of returning the goods to us at the address given above ;
  • you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us ;
  • you are under a duty to take reasonable care to see that they are received by us and not damaged in transit ;
  • we will reimburse any sum paid by you or on your behalf under or in relation to the agreement including the costs of carriage and any insurance which you directed us to incur.
  • we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
 
Don't forget though, that if you send it back, and they determine there's nothing wrong with it, they'll charge you for shipping both ways, and probably an inspection fee.
 
@daveh35

I guess I should have read the T&C, thanks.
 
Their excuses suck for problems occurring in such a short frame of time (rules or no rules) :thumbsdown:

Spending that much money should have them pick the laptop up/drop off an Interflora & chocolates order for your trouble (imo).... then drop off a fresh replacement with an extra 16GB of RAM... although fack knows what anyone would do with 32GB of RAM at home? :)

Why is it so hard for [some] companies to grasp good customer service and exceed a customers expectations? If you do that they'll come back for more /sigh.
 
Back
Top Bottom