Consumer Rights

[Techy]

Hey All,

Gabs was asking about an article to explain user rights when purchasing a PC new or second hand and what to do if it all goes wrong .

Was looking at putting together an article to highlight some interesting consumer rights but while researching came across an article on the trading standards website which seemed to cover everything i could think off anyway, so i thought i'd sit back, grab a cold beer and just post the link.

Your Rights Made Simple

Cheers Gabs.

Hope everyones well

James

 

[muckshifter]

Stuck this tread ... so we wont loos it.

 

[gabriella]

Dear Techny

Thanks, the threads look good to me and hopefully will be helpful to others too.......

Thanx alot

Gabriella x

 

[ChristopherP]

i spent ages reading up on the distance selling act (probably the most important one to us lot) just looking to see what i could and could not do.

very interesting, worth a read if you shop online.

 

[muckshifter]

Re: Consumer Rights ... in a nutshell

How the Distance Selling Regulations (DSR) can help protect your purchase.

The scope of the Consumer Protection Distance Selling Regulations 2000 is very broad. They cover both goods and services where the contact is made without face-to-face contact between supplier and consumer, and include products bought online, by phone, fax, TV and mail order.

When a customer buys in this way from a trader, the trader must offer the customer clear information. This includes details of the goods or services offered, delivery arrangements and payment, as well as the supplier’s details.

Many companies are still failing to put clear business addresses and contact numbers on their websites … this is a breach of the regulations. This information can be given to customers verbally but must also be given in writing.

The normal “cooling-off” period is seven days, although some retailers offer longer. Retailer must also say how long the offer or the price remains valid. The consumer’s cancellation right must also be spelled out before they buy.

Retailers can demand that the consumer pays the return cost of carriage but only if they state this in the terms and conditions. However, this doesn’t apply if the goods are faulty because then the Sale of Goods Act states that the consumer shouldn’t be left out of pocket. (mucks note ... it is on the earnest of the trader to prove the good were not faulty.)

Retailers are also not allowed to charge what is called a “restocking fee” (to cover the cost of things such as repackaging) for returned goods.


Mucks comment ...
If you find any of these "regulations" being broken ... contact your Local Trading Standards Office, they will be pleased to know.

Mucks. B)

 

[stuartw101]

can anyone help with with this? ive had a look at that but im not sure if i can do anything.

I bought the Aspire T140 pc from SHOPACER.CO.UK and i have had a nightmare with them.

Basically set up the pc and used the monitor i use with my old pc which is only 2 years old, i set the new pc up with my old pc and the monitor stayed in standby. The pc sounds like it is booting but the keyboard lights do not come on at all. I phoned them up and explained this and said it sounds like it needs repairing and gave me no suggestions for what i should try other than another monitor which i did try. They picked it up and i contacted them few days later and found out they had tried different monitors on it and they all worked on it. Now they are saying i have to pay £30, £15 for collection and £15 to get it back + about £5 phone bill constantly phoning their 0870 number.

What should i do, should i pay £30 to get it back, because they say there is no fault with it.

My argument is that they told me it needed to be repaired therefore i agreed for it to be picked up not knowing whether there was a fault with it or not, they didnt offer me any reasons why my monitors didnt work on it or suggest i buy a new monitor. Also doesnt it says that

"retailers can demand that the consumer pays the return cost of carriage but only if they state this in the terms and conditions. However, this doesn’t apply if the goods are faulty because then the Sale of Goods Act states that the consumer shouldn’t be left out of pocket. (mucks note ... it is on the earnest of the trader to prove the good were not faulty.)"

What you think? Also where can i find the websites terms and conditions? www.shopacer.co.uk

Thanks

 

[muckshifter]

Hello stuartw101, welcome to the forum ...

I think you will find their Terms & Conditions contravene the Distance Selling Act and Sales of Goods Act but they probably don't know it.

It will be on your earnest to point it out to them ... I strongly suggest you enlist the help of your local "Citizens Advice" and or "Trading Standards Office" they are better placed to advise you.

Sorry to say but most "Joe Public" bite the bullet and pay-up ... If you paid by Credit Card, get them involved now.

 

[stuartw101]

i paid using my solo card over the internet, and i said that i would pay the extra £30, they didnt ask for my card details so i take it they still had them freom when i bought the pc from the internet? so what case have i got then?

thanks for replying i was struggling to do anything.

 

[muckshifter]

i paid using my solo card over the internet, and i said that i would pay the extra £30, they didnt ask for my card details so i take it they still had them freom when i bought the pc from the internet? so what case have i got then?

thanks for replying i was struggling to do anything.

A 'Solo' card is not a Credit Card get in touch with your bank and see if they can help, be honest with them.

Again, ask 'CAB' or Trading Standards, they are in the book, for any assistance they can offer.

I'm no leagal beagal, so the best I can do is help point you in the right direction. Sorry and good luck.

 

[stuartw101]

thanks they said i will get my pc back today but its 3.30pm and its still not here lol i have email my local trading standards office but havent recieved a reply yet.

so what do you think i should argue? you think i have a case?

thanks

 

[muckshifter]

I really can't say if you have a 'case' or not, however, some of their "Terms & Conditions" do break the Rules.

Telling you that a charge may be made for non-faulty Item is within regulations ... not making it prominent or easy to find is another matter.

I can see from their T&C that some are in breach of regs, however, it will be hard for you to do anything about it without the help of Trading Standards or other legal body.

If they did indeed "fix" your system then you are entitled to re-imbursement to any costs incurred, even phone calls. But if they are telling you that the system checked out fine, as it seems they are, how are you going to prove otherwise.

Ask TS to look into the matter for you ... if they find anything wrong they certainly have the power to put it right.

Just a final note ...
Most companies trading on the Internet are totally unaware they are in breach of the "Distance Selling Regulation" and until that "little problem" is sorted out we are on our own to be aware. Unfortunately we seem to learn too late and at our expense when we have problems with goods bought off the Internet.

 

[stuartw101]

ok thanks for that, i email my local ts on friday and am waiting for a reply so hopefully they will reply soon.

thanks for your help, i will keep you updated. also arent they meant to proove that the pc does work? how would they do that? they might of fixed the pc or even replaced it like i asked but then lied just to get me to pay the carriage of £30.

any ideas?

 

[muckshifter]

ok thanks for that, i email my local ts on friday and am waiting for a reply so hopefully they will reply soon.

thanks for your help, i will keep you updated. also arent they meant to proove that the pc does work? how would they do that? they might of fixed the pc or even replaced it like i asked but then lied just to get me to pay the carriage of £30.

any ideas?

It would not be in their best intrest to lie for £30 ... trust is a fine line.

I would still ask TS to have a look at their T&Cs.

 

[tellboy]

Credit Card Protection Oh Yea !

This is a long input but please read in if you pay by Credit Card. Forget what you think about Distance Selling Regulations Assuming you have read all the horror stories about Mesh you will know how mentally scarred I am now .
Are you like me thinking that if you buy on your credit card you have some sort of mysterious protection. If so read on.
I have been in dispute with Mesh since April 24th 2005. Returned a PC that just turned up at the door even though I had cancelled it at the ordering stage weeks earlier. Months of hassle.
Put the amount paid in dispute with the credit card company. Got my refund eventually bit minus £42 delivery charge. Considering this was their cock up I told the Credit Card company who said my dispute was marked as "Resolved" as Mesh as paid most of it. To make it worse even though i pay my balance in full each month by DDR I got stung for Interest of about £26.
No amount of screraming and bawling at the credit card company can make them see that this is totally unjust. Mesh made the cockup and they should not have marked it as resolved
This is an email extract from Halifax Credit Card Services today

I appreciate the problems you have experienced with Mesh Computers, however
i must advise that a credit card is a guaranteed form of payment, therefore
when you disclose your card number to a merchant, you are in effect
authorising them to debit your account for the transaction. We have very
strict guidelines when assisting with disputes and in situations such as
this we have no rights of recourse.

I hope you are able to obtain a satisfactory conclusion to this matter with
the merchant concerned.

 

[velas6]

reund ,How

Hi friends,

I bought Acer 1693 Laptop through Technowprld plc over the internet
using credit card,
Key board was faulty, rang the dealer ,dealer send it to Acer,
Acer replaced Keyboard,Mainboard,FRUS,
Received laptop back working o.k for 5 days then
It won't boot up, completely dead, except power light comes on.

Contacted Dealer for refund ,he cleverly arranged a pickup to send it to acer Repair again
Now for thalast 10 days it is with acer!!!!

I have lost all faith in Acer.
How can I get refund £1000+from Dealer who sold to me by credit card transaction
as all these in first few days of new laptop

I would appreciate any suggestion or advice.

Thanks all

 

[tellboy]

Use Trading Standards that is why they are there

The very first thing is to explain to Trading Standards the exact situation and circumstances.
They will direct you. Although you may be in a total rage the trader may well be complying with the distance selling regulations so far.
If payment by credit card register a dispute procedure although from my letter you can see that I had a dispute with the credit card company. This at least freezes the money and you will not in theory pay interest until resolved.
Consider small claims action. They don't like it.
Best of luck.

 

[intrepid]

IMHE theres no way that Mesh are honouring any one of folks Consumer Rights

 

[nomis]

bug your own phone

IMHE theres no way that Mesh are honouring any one of folks Consumer Rights

Sadly some companies sail close to the wind when dealing with the consumer.
You just need to know your rights & keep calm when dealing with companies, may be tape you phone conversations, i always do when dealing with mesh!