Refund on PC ordered

  processchip 19:39 31 Jan 08
Locked

Can anyone tell me of my rights with buying on the internet. On 14 Jan I paid for a PC from PCOption after reading on their FAQ's that they try to deliver in about 3 days, I emailed them a few days later to ask when delivery would be and they replied that they would not start building my PC until the 22nd of Jan and to expect delivery by the end of the week, I took the opportunity to upgrade the processor but did ask to be sure it wouldnt delay delivery, It didnt arrive so I rang them on the 29th Jan to ask what was happening to my PC, unfortunately the woman could not tell me much so I was getting very worried about my £700, I have emailed them again to ask about the delivery and got no answer at all until today when I was told that it should be despatched on Feb 6th.

Enough is enough I want my money back, I have had no apologies or reasons why the PC is taking so long, I used to build PC's in a local shop and It never took me longer than 3 or 4 hours and thats loading on windows and office etc.
I have also worked in customer service and I know communication is key to keeping customers happy.If this is how new customers are treated what if something went wrong, would aftersales be just as bad, I just dont want to find out.

I have asked for my cash back and been flatly refused, i am willing to go to court for my money but do I have a chance of winning?

Please help me.

  harps1h 20:06 31 Jan 08

firstly how did you pay for the order?
if you used a credit card phone them and tell them you have rejected the goods under the distance selling regulations and the company has refused to refund you.
if you paid by other means it leaves it more difficult.

let us know

  The Muir 20:39 31 Jan 08

Hi there,

Give us a call tomorrow please on 0870 3501560.

I will help you.

Tom

  isca2 20:41 31 Jan 08

Not another PC options saga !!!!

  processchip 20:49 31 Jan 08

Unfortunately I paid by debit card, He has left a reply asking me to call him, so I will report back tomorrow.

  Archroy99 21:19 31 Jan 08

Their geographical number is 0115 938 5554
If you call this,it'll be cheaper.

Regarding the DSRs,they apply to any goods bought over the internet,no matter the method of payment.There is a guide for businesses here click here

Have a read of it so that you know your rights before you make any decisions.The DSRs do state that you can refuse goods before delivery.
See this paragraph on the link I gave:
"Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract."

This may prove to be of some use to you.I wish you better luck than I've had when dealing with this particular firm.

  harps1h 22:21 31 Jan 08

this could be a guide how not to do business

  harps1h 22:21 31 Jan 08

click here

oops! forgot to add the link

  Forum Editor 00:27 01 Feb 08

a standard model, or did you specify the component configuration (other than the processor)?

Under the terms of the Distance Selling Regulations you have an absolute right to cancel your order prior to delivery, and you must notify the supplier - email is perfectly acceptable - if you wish to do so. The supplier must refund your money in full, and even if the goods are subsequently despatched you are within your rights to refuse delivery - this cannot be treated as a breach of the contract.

There's an exception to the absolute right, and this applies to goods that are made to your specification. There is a good deal of confusion with regard to what constitutes 'goods made to specification', particularly when applied to computers, but the Office of Fair Trading's leaflet of advice to traders says this on the subject:

"....this exception does not apply to upgrade options such as choosing alloy wheels when
buying a car; or opting for add-on memory or choosing a combination of standard-off-the shelf components when ordering a PC, for example".

I am attempting to obtain a clarification on this point from both the Office of Fair Trading and lawyers, because it bears directly on cases such as yours. It's only fair to say that in a previous case PCOption have said that they were given conflicting advice to that which I obtained from Consumer Direct on this subject. I've asked Consumer Direct twice now, and on each occasion they have confirmed what I was told - that the OFT advice is correct, and if you choose a combination of standard computer components that are offered on a supplier's website you do NOT lose your right to cancel.

I respect a supplier's right to take a different view, provided it can be justified by reference to the law. As far as this 'goods made to specification' exception it seems that even the experts aren't clear, so my investigaion will continue. My advice is to take up Tom's offer to help you via a phone call. Perhaps you'll update us as to the outcome in due course.

  processchip 07:42 01 Feb 08

I had purchased a Media Centre and added more memory, a slightly better graphics card and the processor, Nothing I believe that PCOption would be stuck with and not be able to sell on.

I will speak to Tom this morning and update you later.

  processchip 10:05 01 Feb 08

I have spoken to Tom this morning and he has apologised for the delay in my PC and explained why, I fully understand the reasons but have explained that if I had been notified of this at an earlier date this dispute would not have happened.

He has promised me delivery tomorrow (Sat 2nd Feb)as a goodwill gesture which will cost him approx £40.00.
I have explained to him that I didnt start this to get any "Freebies" or gain any advantage but all I wanted was my PC but will gratefully accept his offer.

I will post here tomorrow with the results.

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