Consumer Advice

[Durham Fox]

Has anyone ever come across this before?

In May, I bought a CPU from eBuyer for £245.99 plus postage. It's worked great until last week when it died a death with no warning. #

I returned it to eBuyer last week at their cost. They then ridiculously claimed it wasn't complete as I hadn't sent the original £3 heatsink it was supplied with back. After much wrangling I sent it back to them at a cost of £3.65.

Today they have tested the CPU and confirmed it is faulty. They have refused to replace it as it is over 6 months old and have offered an 80% refund. WTF?? :icon_eek: Obviously I've let them know of my displeasure and told them where to stick their offer but they are standing firm. It does state in their Ts and Cs that they can do this but surely its in some sort of contravention of the Sales of Goods Act?

Anyone with a better knowledge of this? I haven't worked in retail for 10+ years.

 

[Biffa Bacon]

I believe the folowing applies '• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).'

 

[Durham Fox]

This is the text from the email:

Following extensive tests by our Returns staff, this item was found to be faulty. Therefore a refund will be issued once the RMA has been closed.

As per section 9.2 of our terms and conditions and in line with the Sale of Goods Act 1979, as this item is over 6 months old you will only qualify for a proportionate refund of the original purchase price. Therefore we are unable to issue a replacement as initially requested.

 

[Steven]

This is the text from the email:

Following extensive tests by our Returns staff, this item was found to be faulty. Therefore a refund will be issued once the RMA has been closed.

As per section 9.2 of our terms and conditions and in line with the Sale of Goods Act 1979, as this item is over 6 months old you will only qualify for a proportionate refund of the original purchase price. Therefore we are unable to issue a replacement as initially requested.

http://www.legislation.gov.uk/ukpga/1979/54 - ask them to point the clause that covers this case.

 

[Durham Fox]

they have F40 F41 48C

 

[Jeff]

http://www.legislation.gov.uk/ukpga/1979/54 - ask them to point the clause that covers this case.

It looks like part 5A covers it.

It appears to say that if the goods are faulty within the first 6 months then they were effectively faulty when they were bought, so the buyer can get a repair, replacement or refund.

I'm sure there's an EU ruling that gives consumers more protection.

 

[Durham Fox]

(1)​

If section 48A above applies, the buyer may—

(a)​

require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or

(b)​

rescind the contract with regard to those goods,
if the condition in subsection (2) below is satisfied.

(2)​

The condition is that—

(a)​

by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or

(b)​

the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

(3)​

For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

 

[Durham Fox]

Surely that final sentence only applies if I've rescinded the contract ie refused repair or replacement. Which I didnt do.

 

[Jeff]

Surely that final sentence only applies if I've rescinded the contract ie refused repair or replacement. Which I didnt do.

The bit you quoted is only if section 48A applies to you, but it doesn't.

This is what 48A says:


PART 5A
ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES

Annotations:
Amendments (Textual)
F38
Pt. 5A (ss. 48A-48F) inserted (31.3.2003) by S.I. 2002/3045, reg. 5
F3948AIntroductory

 
(1)This section applies if—
(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b)the goods do not conform to the contract of sale at the time of delivery.
(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.
(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
(4)Subsection (3) above does not apply if—
(a)it is established that the goods did so conform at that date;
(b)its application is incompatible with the nature of the goods or the nature of the lack of conformity.

 

[Durham Fox]

So they are within their rights??

 

[Durham Fox]

http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html

Seems this protects me and overrides UK law?

 

[Jeff]

So they are within their rights??

From http://www.which.co.uk/consumer-rig...-sale-of-goods-act/your-rights/#ixzz1gKmIP000



If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.
So you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report, for example from an engineer or mechanic.

 

[Jeff]

http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html

Seems this protects me and overrides UK law?

From that link:

"You may manage to get your refund on the basis of the EU directive, however, shops are within their rights to use the Sale of Goods Act as the definitive guideline instead."

 

[Durham Fox]

I've spent over £8,000 with eBuyer since January. They just lost good a customer for the sake of £50. and of course I will find every review site going and cut and paste my complaint. Very short-sighted of big companies to try and use microscopic detail in UK law to piss people off. They will get a full credit from Intel for that processor.

 

[Macky]

Maybe it's just me but I think an 80% refund is perfectly fair

 

[Lako42]

Maybe it's just me but I think an 80% refund is perfectly fair

It 100% doesn't work, what is fair about 80%?

 

[Macky]

It 100% doesn't work, what is fair about 80%?

It 100% has worked fine since last May

 

[Durham Fox]

It 100% has worked fine since last May

I'd agree with you if I had refused a repair or replacement of the item I purchased. I didn't though.

 

[Jeff]

The way prices on electronics fall it might be possible to buy something better with an 80% refund.

 

[Durham Fox]

The way prices on electronics fall it might be possible to buy something better with an 80% refund.

It's not. That CPU has increased in price since May.