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Product images are for illustrative purposes only.

Discussion in 'General Chat' started by nheather, Jul 31, 2009.

  1. nheather

    nheather Well-Known Member

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    What does this mean to you?

    I have just returned two graphics cards to a retailer - the reason I gave was that I received different items than advertised.

    The card I ordered shows a high performance heatsink\fan unit which covers the GPU and RAM and ducts the hot air outside the PC case.

    The cards I received had a low performance heatsink\fan which covers the GPU only and vents the hot air inside the PC case.

    The RMA was raised without any fuss (credit to customer support) but I notice that it has been created with a type of 'Unwanted Item' as if I had changed my mind and I have also had a communication pointing at that the terms and conditions state Product images are for illustrative purposes only.

    I'm wondering what point they are trying to make here - whether they think they are going to charge me for the return of non-faulty items.

    To me it is a pretty pointless statement as it doesn't defininately say anything. Of course pictures are for illustrative purpose - they are illustrations showing you what the product you are buying looks like.

    I suspect they are trying to say that the picture doesn't have to depict what is being sold.

    Again I could accept this is it meant I got a blue coloured fan rather than a red one. But to use it as a means to provide a product with a different function - that I won't accept.

    What do you think?

    Cheers,

    Nigel
  2. Bursar

    Bursar Member

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    If you couldn't specify the colour of the item, and a different coloured one turned up, then yeah, I'd say they were within their rights, but it sounds more like they've shipped a completely different product.

    Distance selling act is on your side, so all they can charge you is return postage if they picked the item up. If you sent it back to them, then they should refund you the cost of the item (less P&P for the initial delivery to you).

    I had a similar situation at work where we bought 3 or 4 graphics cards from a supplier, but they were their 'own brand' cards. You kind of take pot luck with these, and as it was a business order, we didn't have the distance selling act to fall back on. The cards that turned up were a right mis-match. It kind of looked like they'd just grabbed the first few off the shelf, regardless of brand and sent them.
  3. PJTX100

    PJTX100 Active Member

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    Conversely I've never understood the point of the phrase on food packaging. For example you buy a pack of 4 spring rolls, and the cover shows the said 4 spring rolls on a plate.

    What do they think you are going to do? Stick them in a bowl, think "oh that doesn't look like I expected" and take 'em back?

    There's probably some Brussels BS legislation behind it all. :D
  4. nheather

    nheather Well-Known Member

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    Yeah, I think the food industry might have been where it all started.

    I remember seeing the Food and Drink show (in the days when there was just one food programme on our TV) and they through down a challenge to top chefs to cook convenience food and present it as on the packet.

    They failed miserably - it was impossible to get some of them looking the same.

    Later they revealved some of the techniques - in many cases the food shown on the labels were actually plastics models. Or they froze it once cooked, then got it out of the foil tray - it was the only way you could get the shepherds pie looking pert rather than the sloppy mess you got for real.

    But back to my case, it will be interesting to see what they do.

    Think they'll definitely try to avoid paying my return postage - I might be prepared to give them that even though I think I am entitled to that aswell.

    But if they try to charge a re-stocking fee, then they will have a fight on their hands.

    Cheers,

    Nigel
  5. Bursar

    Bursar Member

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    from the regs:
    So I was slightly wrong. They have to refund you the P&P for the initial delivery.
    But they can charge you for the pick up of the goods. Full regs here: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
  6. Astraeus

    Astraeus Member

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    I have just had the exact same issue with GPUs at Overclockers. I have been looking at a number of models which have displayed a picture with a Dual DVI output yet none of the products has that setup. In the end, OC just e-mailed me and said "take the description as gospel and ignore the picture".
  7. nheather

    nheather Well-Known Member

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    Mine was from OcUK aswell. Just looked at the description and there is no mention of heatsink and fan. Following their own instructions I should assume that this graphics card has a heatsink\fan at all. :eek:

    Trouble I see is that on the one hand they are saying don't rely on the picture and on the other they provide only vague product description.

    Cheers,

    Nigel
  8. Bursar

    Bursar Member

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    Heh, my work order was also from OcUK.
  9. avinitski

    avinitski Member

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    when i worked at Aria this happened all the time, generally with graphic cards too, it is because some suppliers could not gaurantee on some lines exactly which brand of graphics card they would send, they could only gaurantee the chipset would be correct.

    which basically means cooling may be different, number of outputs, colour of board etc
  10. Uridium

    Uridium Active Member

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    Switch to a decent retailer. OCUK are notorious for their shocking customer service.

    Try Scan and you get free P&P with orders over £20 through AVF as well.
  11. Astraeus

    Astraeus Member

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    Great in principle. I use Scan for everything I can use Scan for. But sometimes there is better availability/selection at OCuk. I can't stand the place though.
  12. PoochJD

    PoochJD Member

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    Hi Nigel,

    It usually means, that the picture is purely to illustrate, in the most generic, basic way possible, of what the item you intend to buy will look like. However, at no point in time should the item you intend to buy be used to guarantee or link-it together with the picture. It's purely advisory. Hence, a picture of a graphics card, should be taken ONLY to mean "This is what a graphics card looks like, but does not equate to the graphics card you will necessarily receive, if you place an order".

    Alternatively, and unofficially, it's a nice way for companies to try to legally abuse and flaunt Customer Service regulations and laws, and try to tell customers that if what they buy is wrong, and doesn't look like the picture, then tough titty. In other words, buyer beware, and woe betide anyone who doesn't read the small print carefully enough, or make enough enquiries before purchasing something from their company! :mad:

    However, in your case, it does sound like a) a genuine mistake/error, or b) they just aren't the best company to use to order this kind of stuff from. I'd simply return it, and take my business elsewhere, as others have already said.


    Pooch
  13. nheather

    nheather Well-Known Member

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    Thanks for the guidance.

    Yes I have used Scan in the past and they are very good - just weren't competive at the time of order though a day later and they are.

    I've returned the cards and will probably reorder from Scan unless OcUK are particularly supportive.

    But I'm expecting to lose my return postage (comfortable with that) and expecting for them to charge me a restocking fee (absolutely not comfortable with that).

    I also know that OcUk have received my return but my RMA still says awaiting for goods to be returned - in fairness they haven't had much time but it will be interesting to see if they drag their feet.

    Cheers,

    Nigel
  14. Steven

    Steven Senior Moderator

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    A company cannot rely upon their terms and conditions to override your statutory rights. You may well be expected to return the item at your expense as I suspect it is subject to a separate contract, but the original cost of the item including any postage which you paid for should be refunded in full. Certainly there is no legal basis for an item being returned under the distance selling regulations to be subject to a restocking fee
  15. nheather

    nheather Well-Known Member

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    Well at least they have changed the picture now - probably as a result of me posting a product comment that the picture was wrong. They never published my comment for the general public to see, but changed the picture.

    I hope they aren't silly enough to claim I got what was in the picture - because I took a witnessed screenshot of the original.

    Actually, the fact that they changed the picture adds weight to my claim so I'm not expecting any problems.

    Cheers,

    Nigel

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