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View Full Version : Advice on the Distance Selling Act.


twelvebears
26-10-2009, 08:20
Guys, I'm after a bit of guidance here.

I recently bought a Elgato Turbo.264 HD video encoding widget to help me process movies for my Apple TV:

www.elgato.com/elgato/na/mainmenu/products/Turbo264HD/product1.en.html

Unfortunately it's been a big disappointment and I would like to return it to the company I bought from under the distance selling act. However, I'm concerned that I might have problems because of this section:

Exceptions to the right to cancel:

(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

Now the product I bought does include software, but it's actually a piece of hardware which uses software, rather than being a software only product. Also, the software doesn't work without the hardware bit anyway.

So basically, given the above, do you think I'll have any issues with the fact that I've obviously unsealed the box? Other than the celophane, the rest of the packaging is completely undamaged.

Thoughts?
Themis
26-10-2009, 08:55
Yes, Steve, this clause applies if the "product" you bought is computer software only.

Imho, You should contact the seller and see if they accept. They often do, this clause is for abuse use (copying, then returning), usually. If it's your first return, and you're a regular customer, there should be no problems.
twelvebears
26-10-2009, 09:15
Yes, Steve, this clause applies if the "product" you bought is computer software only.

Imho, You should contact the seller and see if they accept. They often do, this clause is for abuse use (copying, then returning), usually. If it's your first return, and you're a regular customer, there should be no problems.

Hi Dimitri.

This isn't just a piece of software, it's a hardware accelerator USB 'dongle' that has software to go with it. More importantly, the software ONLY works if you've got the USB widget, so there would be no point in copying it anyway.

I don't even know if there will be a problem, but it's not a company I have used before. That said, their price, delivery and service has been good so far, so I'm hoping it will all be fine.
The Grand Wazoo
26-10-2009, 09:18
I'd say you were on pretty safe ground (but I'm not a lawyer). I wouldn't let on to them that you have any doubts, though, & certainly not mention the law you refer to.

Good luck!
Themis
26-10-2009, 09:36
Hi Dimitri.

This isn't just a piece of software, it's a hardware accelerator USB 'dongle' that has software to go with it. More importantly, the software ONLY works if you've got the USB widget, so there would be no point in copying it anyway.

I don't even know if there will be a problem, but it's not a company I have used before. That said, their price, delivery and service has been good so far, so I'm hoping it will all be fine.
If "the product" is the USB key, then the clause doesn't apply, even if some computer software is necessary to use it.
twelvebears
26-10-2009, 10:53
If "the product" is the USB key, then the clause doesn't apply, even if some computer software is necessary to use it.

It is. Cool, I'll be fine then.

Shame though. Could have been fantastic but there are clearly 'teething problems' that I don't want to have to put up with.....