CyberPowerPC - Unleash The Power

OK - here's my take on it ...

7.     Your right of Cancellation.

We, as an E-Tailer, are governed by the Distance selling act, as shown here.
It's actually The Consumer Protection (Distance Selling) Regulations 2000

7.1 The "buyer" has a right to cancel this contract within 14 days from the date of invoice, provided a valid RMA number is obtained from a representative of the "seller".
Wrong - DSR says 7 days commencing the day after receipt. And that's presuming you have notified the "buyer" of their rights under DSR (either in print on the invoice/despatch note, or via email - details on your website are not applicable as this is not a "durable means"). If you haven't then it is 3 months and 7 days

7.2 To exercise your right to cancel, you must contact the seller's Sales person by calling 0844 371 2727 and followed by E-mail (sales@cyberpowersystem.co.uk) giving all order information.
Seems OK Note: the wording here differs with the T&Cs presented during the checkout process!

7.3 Once you have notified the "seller" and obtained a valid RMA number, you must ship all goods back to the "seller" within 7 working days. Once received within this timeframe, the "seller" will issue a refund the total sum for the purchase within 14 working days.
Wrong - RMA is not necessarily relevant but not in itself wrong, but "buyer" has no legal requirement to return the goods prior to receiving a refund. "Seller" has 30 days to refund

7.4 Any damages to the goods "user damae" or missing items from the original invoice document will be deducted from the final refund sum.
Wrong - refund must be made in full and any charges raised as a separate claim/action

7.5 The "seller" cannot under any circumstances issue refunds for software that has been activated or opened by the "buyer" (Outer packing removed and product installed on the PC). This is because any software activated is tied to the hardware of the PC and can not be re-activated on a different set of components. Provided the Operating System installed on the PC has not been activated, a refund for this can be issued. Please see section 13d of the Distance Selling Act for more information on this.
Seems OK

7.6 If you cancel an order that has already commenced warehousing building stages, a sum of £30 will be charged for administration and labour costs to cover the work already done.
Wrong - "seller" cannot charge any admin or restocking fee

7.7 Any services that were ordered with the goods, and/or any outlay from the "seller" in the manufacturing process of the "goods" are non-refundable. These services include Rush orders, professional wiring, overclocking and transportation.
Services? OK. Outlay by "seller"? Not sure on this

7.8 All system must be returned by the "buyer" to the "seller" in original boxes and must have all manuals, cables, discs, documentation and any other accessories included. If the goods are found to be incomplete, the "seller" will deduct the amount from the final refund sum in order to cover costs for replacement items.
Wrong - "buyer" is not duty-bound to have returned the goods prior to receiving a refund. Refund must be made in full then any charges raised as a separate action

7.9 The "buyer" is solely responsible to make sure that any returned goods are in a good working order, and in a resellable condition. Any goods found to be unacceptable in appearance (scratches, dents and/or general cosmetic damage), or not fit to re-sell will be deducted from the final refund sum.
Wrong - "seller" cannot charge a restocking fee

7.10 Under no circumstances can the "seller" collect parts or whole products for refunds.
Seems OK

7.11 Any products returned outside the time period will be subject to 25% restocking fee as standard. No refunds can be given after 45days from the date the "buyer" received the PC under any circumstances.
Hmm. Provided "buyer" has notified intention to return within required time frame then no restocking fee can be charged

7.12 It is standard practice to make sure that any packages coming back to the "seller" are insured for damage and also signature registered by the postal company.
Hmm. "Buyer" only has to send by a form of registered postal service. Logic dictates that a suitably-insured level of service is used

NOTE: Other than section 7.2, the above T&Cs were copied from those presented during the checkout process. Just to clarify, in case there are any other discrepancies with the linked page. :)

Edited by bod1467 - 29/Dec/2011 at 22:51

I know - but it's true (to the letter of DSRs). That said it hasn't been tested in court (AFAIK) so I doubt any retailer would refund without first having received the goods. This one item is probably the only thing I don't agree with regarding DSRs.

Essentially, DSRs allow a distant consumer* to be in the same position they would have been if they had ordered instore - i.e. given the opportunity to inspect goods before accepting them.

* Distant means Online, Phone or Mail Order purchases, but excludes Reserve Online/Collect Instore purchases.

I don't intend having a legal argument over the forum.

I just thought it fair to make you aware of some elements of your T&Cs that don't appear to comply with the legislation that you link to. (I came across them whilst reading them during the order placement process - yes, I have an open order with you. ). On that subject, there appear to be discrepancies between the T&Cs on your website and those presented during order placement - including the Distance Selling links going to separate websites (unless you've now corrected this).

Please note: I'm not saying everything in the DSRs is fair; I've just given my interpretation of them. So my comment ref. 7.4 still stands, but I wouldn't expect any retailer to act differently to what you have stated. That said, you may need to be more subtle with your wording - your T&Cs cannot contract out a consumer's statutory rights.

Any feedback from Legal?

Bumpy bump.

Edited by bod1467 - 12/Mar/2012 at 20:27

just for those interested guidance for distance selling regulations can be found here

http://www.oft.gov.uk/shared_oft/distance-selling-downloads/Explained/DSexplained_PDF.pdf

most common way web retailers fall foul is restocking fees which are invalid