Simply Computers Hardware Ripoff

  Mordak5 15:14 04 Jun 03
Locked

If you bough a computer from Simply Computers in the last 18 months check your hardware is acutally what you ordered and PAID for. I ordered a GeForce3 TI500, and Got a GeForce3 TI200. It was Simply policy to ship the cheaper version.

They now claim that as I did'nt notice within 30 days it my tough luck!.

How are you suppost to know!!!

Be Warned.

  Mysticnas 15:57 04 Jun 03

as a matter of interest i always check the drivers and settings when i install a new piece of hardware, for instance a graphics card, i always check to see what the driver has to say about the graphics card. It ususally tells you what chip is on the card and how much ram etc...


there must be some comeback on this surely....

  jazzypop 16:17 04 Jun 03

"They now claim that as I did'nt notice within 30 days it my tough luck!."

I suspect that the important word here is 'claim'.

I also believe that you have an equal right to claim misrepresentation.

I am sure the Small Claims Court will be interested in hearing each side's claim (as will your local Trading Standards Officer).

I suspect that they will have little sympathy for Mesh's claim, on the extremely limited information available.

The following is taken from click here

"YOUR STATUTORY RIGHTS

The Sale of Goods Act 1979 (as amended) says that goods should be:


of a Satisfactory Quality, i.e. of a standard that a reasonable person would consider to be satisfactory - generally free from fault or defect, as well as being fit for their usual purpose, of a reasonable appearance and finish, safe and durable

Fit for the purpose - As well as being fit for the purpose for which they are generally sold, goods should also be fit for any specific or particular purpose made known at the time of the agreement

As described - Goods should correspond with any description applied to them. This could be verbally, words or pictures on a sign, packaging or an advert."

The last paragraph seems to be applicable to you.

I would seek advice from Trading Standards with regard to any time limits for bringing any 'misrepresentation' to the notice of the Supplier, although I think the word 'reasonable' is the one that applies here.

If you are lucky, one of the qualified 'legal eagles' on the Forum will be able to give far more specific advice.

  3Toed 16:17 04 Jun 03

See youve moved it from helproom mordak5-didnt wish to be rude.-good luck with advice

  MESH Response 16:22 04 Jun 03

I suspect you meant Simply Computers.

  jazzypop 16:56 04 Jun 03

OOOOOOOPS!

Truly sorry, Mesh :)

  davidg_richmond 18:34 04 Jun 03

Mordak, did you specifically ask for the card when you configured a machine, or was it advertised as coming with the higher card? You need to get some proof that you had not received what you had ordered. A confirmation, advert, anything that says you should have gotten the better card. It would need to specifically mention the Ti500 (as opposed to saying 'the best Ti card around' or 'powerful Ti card' etc).

They cannot get out of misdescribing goods, if that is what happened. You certainly do not have the right to a refund on these grounds after a 'reasonable time', but you can get them to change the card or give you a partial refund (i.e. along the lines of what the Ti500 graphics card would cost today).

I would suggest finding proof of your order, then write to them explaining what had happened, and that your rights under the Sales of Goods Act 1979 (as amended) entitle them to remedy the mistake. There's some great advice here click here for letter writing. Mention that you have enquired about the problem before and that you were told that it was not their responsibilty after 28 days. Give them a deadline of 14 days to get back to you with your request.

  Joe McG 19:33 04 Jun 03

Mordak5,
Is it a Gainward card by any chance.?

I have a Gainward geforce3 Ti450, and it is also only a Ti 200.

Have also got to say I knew this when buying.

A lot of manufacturers now name their cards at a higher number than the actual chip.

Probably unfair, but also legal.

  Mordak5 22:23 04 Jun 03

It is a Gainsward. I have the order receipt showning the card as a Ti500. I would settle for receiving a Ti500 to replace the Ti200 or a refund on the overcharge. It was the help line operator repling that "they sent out the Ti200s to everyone as there was no differance in performance" that got me

  davidg_richmond 22:59 04 Jun 03

There is a difference in performance if only slight. Whatever the difference in performance, they should let you know if you are receiving different goods than stated. Replacing a Gainward with, say a Creative card is acceptable but not with a lower spec card.

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