Right of cancellation if item is opened/unsealed - HotUKDeals
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Right of cancellation if item is opened/unsealed

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Hi, I have a bit of a dispute with overclockers.co.uk about a memory, which package I opened, and within the 7 days cooling off period I decided to return as not wanted. The item is a pair of http:/… Read More
ilko_t Avatar
1d, 4d agoPosted 1 decade, 4 days ago
Hi,

I have a bit of a dispute with overclockers.co.uk about a memory, which package I opened, and within the 7 days cooling off period I decided to return as not wanted.
The item is a pair of http://www.overclockers.co.uk/showproduct.php?prodid=MY-088-CR&groupid=701&catid=8&subcat=144 Crucial Ballistix 2GB computer memory, which came in a basic paper box and sealed in a anti-static plastic bag.
They do not want to accept it back as the item was unsealed and they cannot re-sell it as new.
Consumer Direct insist that as long as packaging isn't personalized or something special this should not affect the right of cancellation.
At the moment memory is with me.
In my experience ebuyer never refused such RMAs, what's your opinion, where do I stand legally?
In communications with Comsumer Direct and the local trading standards bureau both confirmed that seller is not right to refuse refund, but they cannot take any action. As the amount is bellow £100 the credit card company procedures cannot be used as well.
What do you think about it?

Regards,
ilko_t

edit: in their T&C there is no word about broken packaging or anything similar.
ilko_t Avatar
1d, 4d agoPosted 1 decade, 4 days ago
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#1
Phone them up, sound confident, and explain that you have had confirmation from Consumer Direct AND Trading Standards. Stay calm, be assertive, and explain your rights. Then ask to speak to a supervisor if you don't get anywhere. If this fails, write (not email) to head office. If all else fails, sell the memory on Ebay as brand new.

That's what I'd do.
#2
As long as it is in a saleable condition, and you have kept it with reasonable care, you should get a refund under DSR.
However overclockers are an absolute nightmare to use, and won't respond to letters, emails, or phone calls. If you want to enforce your rights you would have to actually sue them - is it worth your time & money to do this? Chances are, probably not.
#3
Thanks for your responses.

I called them today and after the first few words of mine I got "It's ok now, you can send it back". The guy said that the policy have changed and was fine to RMA the kit. They will also cover the postal expenses as I return it for a second time, the first time they re-sent it to me with the excuse that item was opened.
Interestingly what have changed since my previous calls and emails? They were in the same manner, quoting Consumer Direct opinion and what law says about the case.
Hopefully they will not experiment with other customers, however I will think twice if have to order from them again, if I do it at all.
I will post if refund is successful.
#4
Refund successful :)

However, I doubt that I'll be buying from them again.
#5
Overclockers.co.uk = nightmare.

Was sent two OEM HDD's bouncing around in jiffy bags........:x
#6
Iom-RF
Overclockers.co.uk = nightmare.


Only thing I disliked was having to pay £8.00 postage for a graphics card, and no other choice. It had to be next day delivery and that price postage upsets me. Plus I didn't want the card immidatly because my PC is beyond dusty.

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