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Negative exprience : Dabs Refund



 
 
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  #1  
Old June 1st 07, 09:56 AM posted to uk.comp.vendors
[email protected]
external usenet poster
 
Posts: 6
Default Negative exprience : Dabs Refund

I am trying to return a reconditined TV bought from the DABS website.
They are refusing to take it back on the grounds that it has been
"opened & used"
I am returning it because I am not happy with the picture quality and
the being "reconditioned" the box was opened and the TV used anyway.


They say

"Unfortunately, because the part has been opened and installed/used
we're unable to sell it again (without incurring losses). Selling on
used goods as 'new' does not comply with the Distance Selling
Regulation.

Therefore please be advised that we cannot accept the part back for a
full, or partial, refund or exchange."


What should I do?

  #2  
Old June 1st 07, 11:00 AM posted to uk.comp.vendors
Palindrome
external usenet poster
 
Posts: 42
Default Negative exprience : Dabs Refund

wrote:
I am trying to return a reconditined TV bought from the DABS website.
They are refusing to take it back on the grounds that it has been
"opened & used"
I am returning it because I am not happy with the picture quality and
the being "reconditioned" the box was opened and the TV used anyway.


They say

"Unfortunately, because the part has been opened and installed/used
we're unable to sell it again (without incurring losses). Selling on
used goods as 'new' does not comply with the Distance Selling
Regulation.

Therefore please be advised that we cannot accept the part back for a
full, or partial, refund or exchange."


What should I do?

If the picture quality is such as to make the thing unfit for purpose,
then you can reject it under SOGA as being faulty.

Once you use something, your DSR rights to return it are lost. You only
have the right to examine it, as you would do in a shop. Which doesn't
normally include powering up your purchase and connecting it to an
aerial to see what the picture looks like. You do have the right to
extract it from its packaging, if that is required to examine it. But
not the right to install or use it.

"Reconditioned" should mean that the unit was brought fully up to "as
new" state - including resetting the initial auto-tune and language
selection sequence, if it has one. I assume that it has such a sequence
and you have connected it to an aerial and tuned in channels and the set
no longer goes to the initialisation sequence when powered up.

So, your only option is to reject it as faulty. Return it as such (at
their expense). Argue with them that it is indeed faulty, no matter how
they disagree - being prepared to take them to Court, should it come to
that. Ideally get an independent expert to look at it first who will be
prepared to testify that he considers it to be unfit for purpose.

--
Sue
  #3  
Old June 1st 07, 11:15 AM posted to uk.comp.vendors
[email protected]
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Posts: 6
Default Negative exprience : Dabs Refund

Thanks Sue

On 1 Jun, 11:00, Palindrome wrote:

If the picture quality is such as to make the thing unfit for purpose,
then you can reject it under SOGA as being faulty.


I can't claim that its unfit for purpose but it's a poor picture
quality if I had seen how slow the TV response was in a shop I
wouldn't have bought it

"Reconditioned" should mean that the unit was brought fully up to "as
new" state - including resetting the initial auto-tune and language
selection sequence, if it has one. I assume that it has such a sequence
and you have connected it to an aerial and tuned in channels and the set
no longer goes to the initialisation sequence when powered up.


No I receieved the TV in a state were a previous user had tuned in the
channels and used it

So, your only option is to reject it as faulty. Return it as such (at
their expense). Argue with them that it is indeed faulty, no matter how
they disagree - being prepared to take them to Court, should it come to
that. Ideally get an independent expert to look at it first who will be
prepared to testify that he considers it to be unfit for purpose.


It would be tricky to claim the TV was unfit for purpose what is the
definition of "faulty" or unfit for purpose (I think the picture
quality is poor clearly Sony in 2005 didn't) and at 160 quid purchase
price even "small claims" might prove too expensive a legal path to
follow

Am I stuck with a set that I don't want?

Payman

  #4  
Old June 1st 07, 11:39 AM posted to uk.comp.vendors
Palindrome
external usenet poster
 
Posts: 42
Default Negative exprience : Dabs Refund

wrote:
Thanks Sue

On 1 Jun, 11:00, Palindrome wrote:


If the picture quality is such as to make the thing unfit for purpose,
then you can reject it under SOGA as being faulty.



I can't claim that its unfit for purpose but it's a poor picture
quality if I had seen how slow the TV response was in a shop I
wouldn't have bought it


"Reconditioned" should mean that the unit was brought fully up to "as
new" state - including resetting the initial auto-tune and language
selection sequence, if it has one. I assume that it has such a sequence
and you have connected it to an aerial and tuned in channels and the set
no longer goes to the initialisation sequence when powered up.



No I receieved the TV in a state were a previous user had tuned in the
channels and used it


So, your only option is to reject it as faulty. Return it as such (at
their expense). Argue with them that it is indeed faulty, no matter how
they disagree - being prepared to take them to Court, should it come to
that. Ideally get an independent expert to look at it first who will be
prepared to testify that he considers it to be unfit for purpose.



It would be tricky to claim the TV was unfit for purpose what is the
definition of "faulty" or unfit for purpose (I think the picture
quality is poor clearly Sony in 2005 didn't) and at 160 quid purchase
price even "small claims" might prove too expensive a legal path to
follow

Am I stuck with a set that I don't want?

Depends. If you have told them that you have used the set, then yes.

If you had said that you were rejecting it because of the colour of the
case - then you could have returned it under DSR and they would have had
to have accepted it back, open box and all. Examining is fine - using
and installing is not.

Possibly too late now..depending on what you have said/written to them.

As to the definition of "unfit for purpose" - that is where an expert is
needed. Who can give an expert opinion in Court, if necessary. The Court
may still take a different view, indeed even after viewing the set in
operation..

Of course, if the set goes faulty in the next few months, you can return
it under SOGA or just using the warranty that came with it.

You can, of course, stick it on ebay..

--
Sue
  #5  
Old June 1st 07, 02:19 PM posted to uk.comp.vendors
[email protected]
external usenet poster
 
Posts: 6
Default Negative exprience : Dabs Refund

Thanks again Sue

I did not realise that the DSR had a condition that you must not
switch on the product.
However DABS on their website do not say anything about this in the
section on return conditions

I quote from their website:

If You Have Changed Your Mind
If you have changed your mind and you are a private customer (not
applicable to business customers), and the goods have not been in your
possession for over 10 days, then you are entitled to return the
goods to us for a full refund on condition that you take reasonable
care of the goods until they are returned to us. In particular this
means that you will:

* not open shrink-wrapped or blister pack products or break any
manufacturers seals.
* not load software onto any PC or laptop.
* return in good condition all packaging, manuals, cables etc
* return the goods in a condition that would enable dabs.com Plc to
resell them as new

Please note that the cost of returning these items is the
responsibility of the customer. Note: Return carriage costs paid by
the customer.


Any comments?

Payman

  #6  
Old June 1st 07, 03:08 PM posted to uk.comp.vendors
Palindrome
external usenet poster
 
Posts: 42
Default Negative exprience : Dabs Refund

wrote:
Thanks again Sue

I did not realise that the DSR had a condition that you must not
switch on the product.
However DABS on their website do not say anything about this in the
section on return conditions

I quote from their website:

If You Have Changed Your Mind
If you have changed your mind and you are a private customer (not
applicable to business customers), and the goods have not been in your
possession for over 10 days, then you are entitled to return the
goods to us for a full refund on condition that you take reasonable
care of the goods until they are returned to us. In particular this
means that you will:

* not open shrink-wrapped or blister pack products or break any
manufacturers seals.
* not load software onto any PC or laptop.
* return in good condition all packaging, manuals, cables etc
* return the goods in a condition that would enable dabs.com Plc to
resell them as new

Please note that the cost of returning these items is the
responsibility of the customer. Note: Return carriage costs paid by
the customer.


Any comments?


"The aim of the cooling off period is to give consumers an opportunity
to examine the goods or services being offered, as they would have had
when buying in a shop".

They have given their definition of the term "reasonable care",
mentioned in the DSR. Their definition does seem broadly in accordance
with the spirit of the regulations.

They would argue that using the product, eg switching it on, is going
beyond the examination that would have been possible had the purchase
been made in a shop. At that point the goods have been examined and
accepted and DSR no longer applies. Once they know that the product has
been used, they can no longer sell it as "unused".

AS I wrote previously, if you hadn't used it, but simply didn't like the
colour - they could take it back and sell it as new as, to the best of
their knowledge, it had never been used..

--
Sue

  #9  
Old June 2nd 07, 03:31 PM posted to uk.comp.vendors
Dr Teeth
external usenet poster
 
Posts: 168
Default Negative exprience : Dabs Refund

I was just thinking how wonderful life was, when johannes
opened his gob and said:

Isn't that just dumping the problem onto someone else?


The matter is quite subjective. The OP may be picky, as he is entitled
to be. Somebody may be happy with the picture. The OP has not
mentioned a specific fault, IIRC.

--
Cheers,

Guy

** Stress - the condition brought about by having to
** resist the temptation to beat the living daylights
** out of someone who richly deserves it.
  #10  
Old June 2nd 07, 04:02 PM posted to uk.comp.vendors
johannes
external usenet poster
 
Posts: 2
Default Negative exprience : Dabs Refund



Dr Teeth wrote:

I was just thinking how wonderful life was, when johannes
opened his gob and said:

Isn't that just dumping the problem onto someone else?


The matter is quite subjective. The OP may be picky, as he is entitled
to be. Somebody may be happy with the picture. The OP has not
mentioned a specific fault, IIRC.


Obviously, without some detailed information on the picture quality or lack
of it, a prospective buyer will be in the exact same situation as when OP
bought the TV from dabs.
 




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