Right to cancel 2 out of 6 items wrong or missing?

  sloats 16:00 14 Feb 2005

Do you think I have a case here?

I purchased, across the web, several components to enable my first self-build PC. Package arrived with one item missing (the cpu) and one item that had been changed from that I had ordered (the motherboard) - in my eyes it was an inferior product, in the sellers they called it an upgrade. There was absolutely no mention on their website about the right to substitute goods should something be out of stock (even if there had been that disclaimer surely I should have been asked first anyway?).

The company is refusing to collect the goods, and more worryingly, is saying that I can return anything I don't want and they will refund for 'only' what I return but are conveniently overlooking the missing cpu which they maintain was included in the package.

Do I have the right to treat the whole order of 6 items as one and reject everything under the "right to cancel" section of the consumer's act?
They were informed well within the 7 working days cooling off period that there was a problem.

Any advice gratefully accepted.


  Diodorus Siculus 16:15 14 Feb 2005

You can certainly send them back as part of the "cooling off" process but at your cost.

Were you charged for the missing CPU and was there a difference in cost re. your mobo?

  sloats 16:27 14 Feb 2005

Yes, they've taken the money for all 6 items.
The mobo I ordered is still advertised as being available (in something like 6 different places on their website) and the one they sent isn't there at all although it is by the same manufacturer (but like I said, it is inferior in my eyes...only up to 2GB memory instead of up to 4Gb, 4 PCI slots instead of 5 etc).

This is their error (twice) so why should I have to pay transit costs? I'd understand it if they had said return the mobo and we'll refund your costs but that is not the impression I got from them and there is NO mention of what they are going to do about the missing CPU.

Surely, they have a responsibility to mail out the correct goods (and all of them) - they're not exactly offering to make amends, just the 'return what you have and we'll refund what we receive' offer. I think this is terrible service.

I don't want to give the name of the company just yet but will later if they don't resolve things as a warning for other buyers.


  FelixTCat 17:03 14 Feb 2005

If the cost was greater than £100 and you paid by credit card, then your credit card company is equally liable with the supplier; you should contact them immediately and tell them that you dispute the payment.

Firstly, the motherboard is not "as described" and so you are perfectly entitled to reject it - you did not order it. There is no 7 day restriction on this because you are not returning it under the Distance Selling Regulations.

Secondly, the missing processor. It is for the supplier to prove that you received it. Merely stating it is not sufficient. He would have to show that he has proper processes for checkng shipments.

If you reject the "good" parts of the package, it would probably be under the Distance Selling Regulations and the suppler is not oblighed to pay for postage.

I would also suggest that you contact your local Trading Standards department. Their experience is such that they will not only be able to give very good advice, but they might even be able to take action on their own account if they choose.

  spuds 17:21 14 Feb 2005

Sloats - It would appear as though there is a number of problems with your order, so I would return all the goods under your consumer rights click here If you are having problems now, just think of the problems that you may have in the future, think warranty and guarantees.

Reference to the missing cpu, there as been a number of threads within the forum in the past,regarding this similar 'missing did not receive type of problem', so I would perhaps mention the company that you have purchased the goods from, as there could be a possible link there. If you purchased the goods by credit card, then I would inform the credit card company that you have a dispute with the supplier and seek their advice about returns. If all the goods came to more than £100.00 then the credit card company would have Equal Liability to sort out the problem under section 75 of the Consumer Credit Act 1974.

I would suggest that you do not send the goods straight back, unless you have a guarantee in writing [email etc] of a refund. This suggestion would be more paramount if you paid by cheque or debit card.

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