Faulty good and repairs

  ICF 18:50 02 Sep 09
Locked

I want to return a motherboard because it's faulty.The motherboard was delivered on the 25/08/09 and the request for an RMS number was sent on 28/8/09

They tell me it is going to be sent to Asustek in Germany for repair or replacement can they do this?
Can I ask for my money back.

  john bunyan 19:12 02 Sep 09

ICF

No, if really faulty your contract is with the seller, not Asutek. You can ask for a new one or money back. (as long as you havent damaged it!!)
Quote Sale of Goods Act.

  ICF 19:18 02 Sep 09

I'm sure I haven't damaged it I wore a earthing strap and have built many computer before.

I suppose they have the right to send it to Austek in Germany to get it tested?

  oresome 19:37 02 Sep 09

Assuming it wasn't a special order item, it could have been returned under the Distance Selling Regulations with no reason required, provided the item was as new.

The seller is obliged to refund any monies paid, less carriage within 28 days of the request, even if the product is not returned within this time.

  ICF 19:54 02 Sep 09

oresome said:-
"it could have been returned under the Distance Selling Regulations with no reason required, provided the item was as new"

I thought if it had been opened ie seals broken then that was not the case.

  oresome 20:16 02 Sep 09

As I understand it, you are entitled to inspect the goods as you would in a shop before purchase, including opening boxes and trying. The retailer cannot insist on the packaging being intact.

Of course the retailer may not like it and argue that it will be difficult to resell the goods, but that's a cross they bear.

Items that can be copied are exempt from the above and will not be refunded if opened.

  ICF 20:30 02 Sep 09

oresome:-said
As I understand it, you are entitled to inspect the goods as you would in a shop before purchase, including opening boxes and trying. The retailer cannot insist on the packaging being intact

Do you have any links I can use to show the retailer to argue this fact

  oresome 20:42 02 Sep 09
  ICF 21:06 02 Sep 09

Cheers thats very helpful

  spuds 23:05 02 Sep 09

The Office of Fair Trading and the Trading Standards conducted a survey a short time ago, and their findings was one of "Some retailers are still not sure how the DSR should work or applied!".

The problem with a 'used' (box opened and installed, plus tested) motherboard, would not come under the terms of the DSR. If the item is faulty, then the Sales of Goods Act would apply, and this is were the difficulty will lie, in proving if or how the fault occurred. Perhaps more so with something like a motherboard. If the item was confirmed faulty (proven!)on arrival, then you would have the option of a full refund or replacement.

For the full transcript of the DSR click here

  Forum Editor 00:32 03 Sep 09

within seven days of receipt without having to provide a reason. It would be unreasonable to insist that a box is returned unopened, for then you would have no opportunity to inspect the item.

Tell your retailer that you want a full refund - if indeed that is what you want. If the motherboard was faulty on arrival it is 'not fit' under current consumer law, and the retailer must replace it or repair it. It would be unreasonable to expect a retailer to have facilities for testing motherboards, and that's why this supplier wants to send the board to Germany. You don't have to wait for that process to unwind if you don't want to.

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