Is EBuyers Returns Policy Legal

S&M_Inc

Greetings To All,
On the 5th of December I ordered a Radeon 9250 Graphics Card from ebuyer which was needed for a PC I was building as a christmas Pressie. PC Was tested for about a week before the big day and everything was cool. Between christmas and New Year the PC developed a fault which swapping the Graphics card cured. When I tried filling in ebuyers returns form I'm not getting the option of a refund just a replacement.

Can anyone please advise is this policy is legal as I thought the Graphics Card had too be fit for purpose for a reasonable period of time (Not 5 weeks)

Thanks for reading this far.

S & M Inc

Johntea

I think so - When did you fill in the form?

If something is faulty within 30 days (And you report the problem in this timeframe) then you have the right to a refund or replacement. Then after 30 days you are entitled to a replacement, repair or if neither of those options are available then you should be able to get a full refund.

Although what do I know

stugib

I'm not a lawyer, so this of course could be rubbish(!), but what I think the situation is, from reading various newsgroups and forums like these, is that the Sale of Goods Act and EU consumer protection law, protects you by giving you:

1. a time period to inspect the goods and accept them as fit for purpose, and if not you can reject them and get a refund. After 5 weeks, I think you'd have a hard time rejecting them.

2. a reasonable time where the goods must be fit for purpose and of merchantable quality. If it goes wrong within the first 6 months, it's assumed to be a fault that was present from the start. If it goes wrong after the first 6 months, the onus is on the consumer to prove it was faulty from the start. N.B. This is different from any warranty that comes with the product.

3. If the goods go wrong, and you can prove it was a manufacturing fault (see 2 - you're less than 6 months), you can demand a repair or replacement, but not a refund. The last discussion I saw it was unclear whether it was the consumer or the retailer who could choose whether to repair or replace; probably the retailer.


There's a consumer rights thread on one of the MSE boards. May be more info there.

Stuart

executiverocker

yeah i think the law says they have to provide you with the best possible solution, so if they have stock then a replacement would be what would offer you not a refund, my consumer law is a little rusty:P