Overclockers refusing exchange of unopened items?

stevejazzx

Bought some TV cards off OCUK 9www.overclockers.co.uk), when they arrived we realised they were the wonrg model, wanted to exchange them for different models so requested rma via telephone wihtin 5 days of recieving; didn't fill in the online rma request until the following wednesday.
They claim I missed the seven day long distance selling deadline?
I hadn't heard of this until recently; It was very little over the deadline in any case - I am amazed at their cavalier attitude; I order parts for our company mediacentric (home entertainment installations) and explained that if they didn't allow me to exchange I wold cease all business with them; they said fine. Amazing, anyways I was wondering about the legality of this from both perspectives anyone know? All I wanted was an exchange, unbelievable. I guess we're off to deal with dabs now.
All I can say to other people is avoid overclockers.

Paulw

If there is nothing wrong, and you simply changed your mind (or ordered the wrong thing), then they have no obligation to take back the items, aside from the 7 day cooling off period.

Cabaal

So you ordered the wrong item = your fault
Your requested RMA but didn't fill it out for a week = your fault
They won't allow return now = your fault

They've done nothing wrong to be honest, you could have RMA'd them but that requires you to do it within the required time which you didn't

When you order from them you agree to their T&C's which clearly state:

7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by letter or via the Returns on Line section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

You reaction of threatening to throw the toys out of your pram doesn't in anyway make you right.

Man up and accept fault in fairness

stevejazzx

Cabaal wrote: »

So you ordered the wrong item = your fault
Your requested RMA but didn't fill it out for a week = your fault
They won't allow return now = your fault

They've done nothing wrong to be honest, you could have RMA'd them but that requires you to do it within the required time which you didn't

When you order from them you agree to their T&C's which clearly state:



You reaction of threatening to throw the toys out of your pram doesn't in anyway make you right.

Man up and accept fault in fairness

I didn't ever not accept fault, I said it was unbelieveable (what I meant was that they gave us no goodwill and in respect pof the fact that we spend a lot of money with them). As I said the goods were unopened so seems to me that logically an exchange is fairly straightforward. Anyways my question was about the legalities of the issue (7 days long distance trading thing) not a clarification of whose fault it was but thanks for the little rant, it's nice that you felt I needed to be put in my place. I think you could've said their perfectly within their rights and that would have done?
Also I think my point is more than reasonable that under the circumstances no offer of goodwill is poor business, they will lose a lot of revenue from us over what is a fairly basic request, to put the matter in perspective we simply never have had this issue (looking for a simple exchange but being denied) with any other supplier.

Steve

Mr. Presentable

As you now know they are under no legal obligation to take the goods back. They will likely face a stock problem if they do.

You would want to be a small corporation to be spending enough for them to notice your absence.

Stick them up on Adverts.ie and see what you can get there.

stevejazzx

Mr. Presentable wrote: »

As you now know they are under no legal obligation to take the goods back. They will likely face a stock problem if they do.

You would want to be a small corporation to be spending enough for them to notice your absence.

Thats fair enough, I just imagined that they had more business sense, this is our very first request in 3 years of trading.

Stick them up on Adverts.ie and see what you can get there.

Good idea!
Thanks

whippet

actually, maybe someone could clarify further, I thought the distance selling directive was only for consumers? If you are buying as part of a business to business transaction this does not apply.

Paulw

whippet wrote: »

actually, maybe someone could clarify further, I thought the distance selling directive was only for consumers? If you are buying as part of a business to business transaction this does not apply.

Actually, now that you mention it, yes, I think you're correct about that.

davo10

You missed the point, the OP is a consumer. The legality of this is simple, the retailers' T&C are laid out clearly, the consumer agreed to these at time of puchase, this is not disputed, the OP did not comply with the T&C so he has no right to a refund/exchange. The goodwill is a different issue and I would agree with OP that it is poor customer relations not to accomadate a good customer. But they are absolutely within their rights to refuse, the OP made mistakes on both the item's spec and the cooling off period, put it down to experience and move on, we have all done it.

I just had a look at the distance directive here, dishttp://ec.europa.eu/consumers/cons_int/safe_shop/dist_sell/index_en.htmt it would appear that the T&C are spot on, if you feel this does not apply to you as a business customer then you do not have it's protection and therefore no rights at all.

Cabaal

stevejazzx wrote: »

Anyways my question was about the legalities of the issue (7 days long distance trading thing)

For somebody running a business you'd think that you would be aware of such things, I guess atleast you've learned that what OCuk have done is perfectly legal

davo10

Totally agree with cabaal, OP does your company not have T&C, and if so are they not broadly in line with the company you have a problem with?, why would you think you have a legal right in this matter and would you recognise that right with your own customers?