Scan.co.uk - Don't order !!!

[mattx]

I am being currently conned by scan.co.uk

I bought a DVD player from them which was faulty - it did not play a single 8 gig dual layer disc I have burnt - [ The older model [ same make ] plays them without a problem - they are now CHARGING ME £25 re-stocking and a no fault found fee !!

 

This is clearly a complete con by them not to refund a full amout - good thing I got it on my credit card as I shall be contacting them shortly [ after I have asked Scan.co.uk to refund the full amount first or have to deal with my credit card company ]

Its amazing what these retailers will try and do to squeeze money out of you.

 

So my advice - don't order goods from Scan.co.uk because if they are faulty they will try and rip you off even more.

[ninjabeaver]

I found this. See if you are covered.

 

The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.

If a consumer cancels an order, written notice must be given to you by:

 

* goods – seven working days from the day after that on which the goods are received by the consumer;

* services – seven working days from the day after that on which the consumer agrees to go ahead with the contract.

 

If you fail to provide consumers with written confirmation of all the required information, then the cancellation periods can be extended up to a maximum of three months and seven working days. If the missing information is provided during this time, then the cancellation period ends seven working days beginning with the day after the full written confirmation is received by the consumer.

Where a contract is canceled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.

You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.

 

If payment for the goods or services is under a related credit agreement, the consumer's cancellation notice also has the effect of cancelling the credit agreement.

[tech_guy]

I thought restocking fees were illegal now?

[localzuk]

I thought restocking fees were illegal now?

 

If the item is returned outside of the allotted Distance Trading laws timescales, and is not faulty, the company can charge a restocking fee - so long as it is explained before purchase.

[matt40k]

I though eBuyer does\did this?

 

EDIT

Or was this\and Eclipse Computers

Edited September 15, 2008 by matt40k
UPDATE

[CyberNerd]

I had a really bad experience with scan, about 7 yrs ago I bought a cdrw scsi cable which they didn't include in my order!

[mattx]

Just got off the phone to them - no help at all - they [ they are telling porkies ] said they sent me an E-mail informing me the goods were not faulty - never received it.

 

They are trying to charge me £15 + VAT for picking up of the goods after I clearly said to them I wanted the 7 day return option and a full refund.

They said they are NOT charing me for re-stocking it [ even though they said it's not faulty ??!! ]

They are also not refunding the original delivery charge of £6.69 [ which I don't mind as you expect to pay a delivery charge ]

 

To me they are making this up as they go along now - I was told the only thing I can do now is write to their 'returns manager' - which I will but I shall be with holding £15 + vat on my credit card bill.

I shall also be CCing all my corraspondence to the Watchdog section of PC Pro and I have highlighted to Scan.Co.Uk to this forum informing them that I shall be warning other schools and people of the racket they are currently selling.

£15 may not sound a great deal - but it's the principle and will someone please think of the children !!!

[Guest theeldergeek]

If the item is returned outside of the allotted Distance Trading laws timescales, and is not faulty, the company can charge a restocking fee - so long as it is explained before purchase.

 

The Distant Selling Regulations that apply to consumers, do not apply to businesses however.

[Guest theeldergeek]

I clearly said to them I wanted the 7 day return option and a full refund.

 

Unless Scan offer you a 7 day return as part of their terms to business customers, then the 7 day period which falls under the Distant Selling Regulations applicable to consumers do not apply if you have purchased as a business (i.e. school)

 

If the goods are faulty however, then the Sale of Goods act does apply, and you should be able to return the goods without penalty.

[Guest theeldergeek]

I bought a DVD player from them which was faulty

 

Having sent a couple of replies to this thread concerning returns and Distant Selling Regulations, can you confirm if you purchased this as a consumer, or as a business (i.e. school)?

 

I presumed (as this is generally a forum concerning folks who work in education as opposed to a forum where consumers let off steam) that you are the latter, then noted you purchased using your own credit card. Although we here do make purchases for work 'privately' and then get reimbursed, it's not clear if that is what you have done.

[Michael]

This is how I understand things -

 

As already mentioned (under the Distant Selling Regulations Act), so long as goods are returned in their original condition (and unopened) within 7 working days a full refund will be given. However, at this point any company within their T & C's may have a restocking policy. There's nothing illegal about this and it's upto the consumer to read the T & C's before purchasing.

 

If a product develops a fault within the 7 days or within 12 months (makes no difference), you can report a fault and ask for an RMA number. The product usually has to be sent back at the customers expense but is then tested on arrival. If a fault cannot be found, then the product is returned back to the customer, again at their expense.

 

In this case I think there has been some confusion, they've tested the product and found no fault, but I am unsure why they're charged a re-stocking fee. They should simply send the product back to you at your expense.

[Guest theeldergeek]

This is how I understand things -

 

As already mentioned (under the Distant Selling Regulations Act), so long as goods are returned in their original condition (and unopened) within 7 working days a full refund will be given. However, at this point any company within their T & C's may have a restocking policy. There's nothing illegal about this and it's upto the consumer to read the T & C's before purchasing.

 

Wrong! The Distant Selling Regulations forbid restocking fees. The only cost you may be liable for is postage. The vendor cannot impose additional terms on the purchaser which fall foul of the DSR which are in detriment to the consumer's statutory rights.

 

In addition, there is no mention of the goods being 'unopened'. The purchaser can examine the goods but must return them in a condition which permits a resale by the vendor, i.e not damaged. The DSR is very unclear as to whether or not goods may be used to determine suitability, i.e. powering on a product such as a TV to see if the picture is of a quality you desire.

 

Also, being rather anal, I don't think you'll find the DSR is an "act" per se, merely 'regulations' governed by the Office of Fair Trading.

 

If, as the original poster suggests, the goods are faulty, then the DSR does NOT apply here, but the Sale of Goods Act does. He should not be returning under the DSR but under the SOGA. If he is then in dispute over whether or not the goods are faulty, there is a completely different set of options open to him.

Edited September 15, 2008 by theeldergeek

[Michael]

Wrong! The Distant Selling Regulations forbid restocking fees. The only cost you may be liable for is postage. The vendor cannot impose additional terms on the purchaser which fall foul of the DSR and are in detriment to the consumer's statutory rights.

 

Could you provide a link for everyone's reference? I do understand the DSR, but because I do not charge a re-stocking fee, I've never had this problem. If it is true, then mattx can also use this information.

[mattx]

Thanks for the advice so far - the way scan.co.uk are trying to swing this in their favor is by not charging me a re-stocking fee, but stating that the goods were not faulty & charging me instead the £15 + vat for the return of the goods.

I have informed them they are welcome to visit my house with the dvd player and I can show them it will not play 8 gig dual layer DVDs. Of course they won't do that.

They also said they sent me an E-mail informing me that the goods were not faulty - I never got it.

So I think they are trying to get around the re-stocking fee by saying they will charge me instead for returning the items [ the cost of ] - when I said I wanted a full refund for 'faulty goods' in which I was returning to them within 7 days - this is what I agreed with them when I rang and E-mailed them when I discovered the fault.

 

If this is how they operate then they must make a real mint from conning people in this manner.

[Guest Guest]

Could you provide a link for everyone's reference? I do understand the DSR, but because I do not charge a re-stocking fee, I've never had this problem. If it is true, then mattx can also use this information.

 

I cant be bothered finding a link but i am 100% sure he is correct. You are not allowed to charge a restocking fee no matter what your T&Cs say. T&Cs do not trump the law.

 

 

Assuming its not a bussiness transaction; he has 7days from recieving the goods to declare he does not want them under the distance sellers act. He does not have to have a reason for rejecting the goods. iirc you can only claim back the original postage only the cost of returning the item (you 100% cannot claim back both ways).

 

Under the Sale of Goods act; if a product developes a fault in the first 6 months it is upto the retailer to prove that the product was not inherantly faulty (to my knowledge it is also upto them to prove that the item is not faulty, they cant simply say its not). You can get an independant engineers report and so long as you "win" you can claim back the costs of that report. Also you "must not be out of pocket" because of a faulty product ie you can claim back all postage fees.

[Guest theeldergeek]

Could you provide a link for everyone's reference? I do understand the DSR, but because I do not charge a re-stocking fee, I've never had this problem. If it is true, then mattx can also use this information.

 

The Office of Fair Trading's website has all the information you need.

 

http://www.berr.gov.uk/consumers/fact-sheets/page38102.html gives you some quick facts.

Edited September 15, 2008 by theeldergeek

[Michael]

I did some quick research and it's true, you can't charge a re-stocking fee if returning within 7 working days, however they are within their rights to charge for returning the item. Unless the DVD player is made out of gold, the charge does seem a little excessive to me. I have to ask how much is the DVD player itself!

[Guest theeldergeek]

...i am 100% sure he is correct.

 

I KNOW I'm correct.

[Guest theeldergeek]

I did some quick research and it's true, you can't charge a re-stocking fee if returning within 7 working days, however they are within their rights to charge for returning the item. Unless the DVD player is made out of gold, the charge does seem a little excessive to me. I have to ask how much is the DVD player itself!

 

They CANNOT charge for the return unless they arrange direct collection on your behalf. If you choose to send it by, for example, Royal Mail, the onus is on you to ensure the item is packaged properly etc, and to pay for it. If you return goods in that manner, the vendor has no right to levy any fee on you whatsoever.

 

It's a bit worrying how many of you don't know your legal and statutory rights!

[Guest Guest]

I did some quick research and it's true, you can't charge a re-stocking fee if returning within 7 working days, however they are within their rights to charge for returning the item. Unless the DVD player is made out of gold, the charge does seem a little excessive to me. I have to ask how much is the DVD player itself!

 

Only under the long distance sellers act. He should use the Sale of Goods act if he wants all of his money back, but as they are trying to say the item is not faulty he might be in for a fight.

 

 

IMO business's are getting too clever in which laws they want to obey. The office of fair trading should have more power to fine companies who try to get away with lieing to their customers and breaking the law.

[Michael]

If you return goods in that manner, the vendor has no right to levy any fee on you whatsoever.

 

Well this is exactly what Scan have done. They've tested the product, found no fault so are going to return the item at the customers expense. If the vendor ended up paying, no company would make profit. Profit margins on hardware are not huge.

[Guest theeldergeek]

Well this is exactly what Scan have done. They've tested the product, found no fault so are going to return the item at the customers expense. If the vendor ended up paying, no company would make profit. Profit margins on hardware are not huge.

 

Which is why I was saying that the DSR does not apply here, it is the SOGA that the purchaser needs to apply, which is a very different kettle of fish. I think you miss the point.

 

The purchaser was quoting 7 day returns at SCAN, presumably because he thought that's what he got when purchasing something. He does, but only if he changed his mind, not if the product is faulty, or unless SCAN offer this in addition to his statutory rights.

 

If the product isn't working, the buyer needs to be going down a different route.

 

Don't confuse what SCAN have done with what should have been done, and (some of) the bad advice being offered here. AFAICT, SCAN have acted appropriately until the item is proven to be faulty.

 

One piece of advice I always give, is to make a note of the serial number of the faulty item you are returning. If the vendor then tries it on and sends you a replacement that they say is the original, and is working, you can catch them out. It happened to me some while ago.

[JJonas]

A number of years ago I returned a hard drive to them that was obviously clunking they tested it found no faullt with and charged me 25 quid for the privilege. When it was returned to me it started clunking as soon as I plugged it in. I returned it to the drives manufacturer and they confirmed it as faulty and replaced it straight away. I never did get my 25 quid back.

[tech_guy]

I never did get my 25 quid back.

 

ddos?

 

 

[ONLY JOKING!]

Edited September 15, 2008 by tech_guy

[Ric_]

From what I have read here, Scan have done nothing wrong. The first question would have to be whether the player was advertised as being able to play these discs or if you just assumed it would because the model it replaces did?

 

Also, £15 charge for Scan to send a courier to collect the player for return does not sound excessive. If the drive is at fault, I would expect that to be refunded.

 

Also, did you offer to send a sample disc that you believe should work? If not, how could they prove it was faulty or not? - Just a thought!

 

I've always received a good level of customer service from Scan, admittedly I usually use the counter service but it's all the same guys.