GTX 1070 Return underpaid refund - UK

SeveroChi · Aug 11, 2017

I returned a gtx 1070 within 14 days without a reason (which I am entitled to do) after purchasing online.

I received only a partial refund of 90% of the price. They said this was due to the goods being returned in a used condition.

Is this lawful? Also is this reasonable? Aren't they supposed to give full refunds?

sizzling · Aug 11, 2017

No, not lawful in the UK. I believe this would fall under the distant selling act where anything except consumables or perishables can be bought, tried & returned for a full refund, I think up to 30 days.

Citizens Advice is free to call and very helpful, used them a couple of years ago. We pay higher prices in the UK for consumer rights, make sure they don't fob you off.

Please name and shame the company.

sizzling · Aug 11, 2017

Sorry I am assuming bought online or over the phone?

sizzling · Aug 11, 2017

Another idea, if bought on credit card let your card company know. Most credit cards include legal protection (I always buy on credit card for this reason). You may find their support is good and some will refund immediately and they will reclaim the funds back from the seller which the seller cannot stop.

SeveroChi · Aug 11, 2017

Thank you for this response. I will give them a chance to explain and I want to be doubly sure they have acted unlawfully before naming and shaming them.

Before I made this post I had complained and accepted an additional £30 refund on top of the 90% refund (which still isnt 100%) and I bought the same card back (this was a condition of getting the £30).

SeveroChi · Aug 11, 2017

Thanks for the answers again.

I bought on credit card for sure. I bought online as well through amazon and then I made the second purchase through their website.

madmatt30 · Aug 11, 2017

Opened & used ?? Yes its absolutely legal , check the small print where you bought it from & there will be mention of a restocking fee for opened/used items

A lot of online retailers will do this , the main exception is amazon who always give full refund.

sizzling · Aug 11, 2017

Not legal in the UK if bought online or over the phone. Many companies will include points in the small print which they cannot enforce, no small print supersedes your consumer rights and most companies will back down when you state consumer rights.

SeveroChi · Aug 11, 2017

I am a bit confused now tbh because the answers so far are contradictory. I think ultimately I just need to know what the consumer rights act says as its irrelevant what they decide to write in their small print if it contradicts the statutory rights. There are different types of returns and also I bought through amazon (although from an amazon seller).

madmatt30 · Aug 11, 2017

An amazon seller has nothing to do with amazon though , they're not a store , they're a private trader.

That said get in touch with Amazon themselves over this , they will put pressure on the seller to do the right thing because ultimately they are at leastnpartly responsible .

At a guess the seller is scan or ebuyer ??

sizzling · Aug 11, 2017

Contact Citizens Advice, they are experts and will give you the facts. I could be wrong on timelines for returns as I am going from memory but I am fairly confident you can return electronic goods for a full refund even when used but there will be a number of days. We do pay more in the UK and one of the reasons is we have some of the highest consumer rights in the world so sellers have to factor this into their price. T&C's on a website don't mean a thing if they contradict consumer rights.

madmatt30 · Aug 11, 2017

^ I'm fairly certain used electrical bought by mail/internet is 7 days from receipt of order.

In a honesty I disagree with the practice of returning an item used if its not faulty.

With all respect to the op , the retailer then can only sell that item legally as a used or open box & cannot charge someone else full price for it.

madmatt30 · Aug 11, 2017

As sizzling has said though if you bought on cc then you should inform then , they will refund you in full if you have evidence of return (emails etc) & deal with the seller themselves.

USAFRet · Aug 11, 2017

Restocking fee or similar:
Legal Yes
Legal No

It would be helpful if anyone saying either of the above would link to the relevant law or statute saying so.

To the OP:
You bought it
You sent the non faulty part back
They gave you 90% refund
And then another £30 on top of that 90%
And then you bought it back.

Is this correct?

In effect, forcing them to sell it to you at less than their original sale price.

I see that as pretty underhanded on your part. If you were dissatisfied with it originally, why did you buy it again?

SeveroChi · Aug 11, 2017

@maddmatt30 the seller is not scan or ebuyer.

I don't feel this is totally legit. Tbh from now on I will just buy from amazon themselves especially when you get a good price. As sizzling says, the prices are higher to factor in consumer rights and a purchase from amazon at the same price as elsewhere is worth a lot more as you don't lose as much if things goes wrong.

The company only offered me the £30 when I mentioned about making a claim on amazon.

I know some of their staff members have a base on rust. Maybe I should try to raid them while using their own gtx 1070!! No but seriously I won't name them until I am 100% sure they did wrong and maybe not even then.

sizzling · Aug 11, 2017

You could be right on the 7 days timeline. Definitely get the facts confirmed and the easiest way we all pay for is Citizen Advice.

I see where you are coming from about returning used goods but its a level playing field for all sellers who are supposed to factor in the cost of supporting consumer rights when calculating their cost of sales. As consumers we pay for this right, use it when needed. There are things you buy where it doesn't matter how many reviews you read it may not meet your expectations and unlike a shop you cannot see it first hand, headphones are an example that come to mind.

SeveroChi · Aug 11, 2017

@USAFRet - That is correct. They made that offer and it was a better deal than just accepting the refund. I returned it because I was not happy with the price being dropped £50 immediately after I bought it. In the UK we are entitled to return any product bought online for any reason within 14 days of purchase. It is common place to return a product bought online within 14 days. For the record this is the first time I have ever done this and I have bought many items online in my life.

USAFRet · Aug 11, 2017

SeveroChi :

Well...you'll have to verify what the exact timeline is.
In the comments here, I see 14 days, I see 7 days.

SeveroChi · Aug 11, 2017

100% by law its 14 days for online purchases. Also I am pretty sure that amazon extend this to 30 days, which is one of the reasons why the price is a bit higher on amazon than on their website.

https://www.gov.uk/accepting-returns-and-giving-refunds

I feel they have been reasonable (even if not lawful) even though its possible they were profiteering from the mining craze (not sure exactly). They are not profiteering as much as some sellers.

USAFRet · Aug 11, 2017

Then it would seem that you are correct.

Online, mail and phone order sales

Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren’t faulty. Sales of this kind are known as ‘distance selling’.

You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.

You must refund the customer within 14 days of receiving the goods back. They don’t have to provide a reason.

SeveroChi · Aug 11, 2017

Yes but I am uncertain as to whether refund means full refund or if they can add an adjustment. I feel the governments own webpage is not clear on that.

madmatt30 · Aug 11, 2017

^ it indeed isn't clear & is a big issue for buyers

What they can do absolutely is charge you the initial delivery cost even if it was advertised as free delivery.

The problem I have is I've been on the receiving end as a seller & when it costs me money personally because someone has just decided 'its not for them' after actually using it for a period of time its more than just annoying.

That said bigger firms can suck up that cost for the best part

Buying from an amazon marketplace seller is not the same as buying from amazon or indeed from a seller where Amazon keep warehouse stock & deal with dispatch/returns themselves.

If you're unhappy with the outcome then get in touch with either your cc company or Amazon directly & they will force the seller to issue a full refund.

Your cc company will just refund your card straight out themselves & deal with the seller directly as I've already said.
That's the bonus of paying by cc & in fact the only reason I actually own one

I still think its wrong to expect 100% refund personally if you just changed your mind & you've used the card aswell.

On top of it now being open box , its also cost them delivery & return charges .

You 'may be' legally entitled to a full refund but I actually disagree with it.

USAFRet - the issue with the regs is there's no info regarding an item being used ,& to me if an item has been used its not being returned 'as new'

Curry's/PC world return policy for items bought online .

An unwanted product can be returned for a full refund within 21 days of delivery as long as it’s still in its original, unopened packaging. This returns policy for unopened goods is in addition to your statutory rights and applies to purchases made in store, online or over the phone.

Separately to the 21 day policy above, and in accordance with your rights when you purchase goods online or over the phone, unwanted items can be returned even if you have opened them for inspection as long as you let us know within 14 calendar days from the day after delivery. Once you have told us you want to return an item, you should do so without undue delay and not later than 14 days from the day on which you informed us of your decision to cancel the order. You can examine the goods as you would in a shop but to obtain a full refund you must not start using them, install them or input any data/software. The goods must be returned in ‘as new’ condition and in their original packaging.

SeveroChi · Aug 11, 2017

@madmatt - yes but you must factor that into your pricing as a seller surely. I can understand your perspective. Bear in mind that I never actually used it beyond testing it to see if it was working, which is what I have to do. It was only in the machine a few days. I am not totally unhappy with the outcome, I just wanted to ask the question. I feel they could have made this offer before I sent it all the way back to their warehouse, they had plenty of chances to because I was clear I was returning it because of the price.

I won't screw over sellers but I am well aware that some sellers will push boundaries and I felt a bit annoyed at the 10% reduction which I felt was a bit excessive and may have been influenced by the impending price drop on the 1070.

USAFRet · Aug 11, 2017

" Bear in mind that I never actually used it beyond testing it to see if it was working, which is what I have to do. It was only in the machine a few days."

= Used.

SeveroChi · Aug 11, 2017

Maybe this applies however:

http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

Number 9 says usage beyond what is required to test it is working is only what can reduce the price. Only a lawyer can tell you if my reading of that is correct and if that legislation applies in this case.

GTX 1070 Return underpaid refund - UK

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