Faulty goods repair or refund

Mark_In_Hampshire

Hi

Quick question about an online retailer's responsibilities to the customer when a faulty item is returned:

I bought some PC speakers online and returned them promptly (by post, with the quoted RMA number they gave me) because the subwoofer emitted a buzzing sound (like a poor earth). It wasn't down to the earthing in our home or the source input.

I called about 9 days after returning it to verify they had received it. They confirmed same, and also that the item is now discontinued so cannot replace. They are working on repairing or will offer the option to refund.

Another 9 days or so has now elapsed, so they've now had the item for longer than I had.

Is there any specific stipulation on how long they can take to rectify the matter, or is it one of those "within a reasonable timeframe" - if so, in my opinion this is now becoming unreasonable and the company should at least offer to refund in the meantime if the repair will take longer.

What do others think?

TambourineGirl

You have the right to demand a refund, since you reported the fault immediately and therefore 'rejected' the goods. If you agreed to a repair rather than a refund, then you have to give them "reasonable time" - but if they told you they got to choose whether to replace or repair, and would only refund as a last resort, then they have misrepresented their obligations under SOGA. They do not have the right to insist on repairing it if it has been 'rejected' - returned immediately or soon after purchase as faulty.

Practically, I would say call them, demand to know when you can expect the speakers back, and if it's not pretty much immediately then you can drop SOGA into the conversation and say that you rejected the goods immediately upon receipt, feel that they misled you as to their obligations as a retailer, and that you want a full refund. Demand to speak to the manager. Be a total jerk if you have to. It will give the person at the other end of the phone something to vent about at the end of the day (and that always feels good, doesn't it?) AND you'll get what you want and are entitled to.

Mark_In_Hampshire

Thank you.

Here's what I emailed them to get the RMA:

Hi,

I need to return one item from a recent order because the item is faulty.

The item is A22HN, description VS2621 Speakers.

The problem is a continuous buzzing sound from the subwoofer. it is not related to the electricity or wiring; no other devices do this in the same room and the problem with these speakers can be reproduced by simply plugging the unit in to any power socket in the house and disconnecting any audio input to it (also ruling out the noise being generated by the source equipment)

I am assuming this isn't a design fault (the buzzing is too loud to ignore or put up with) and so would like a replacement.

Our nearest store is Farnborough which is 20 miles away so while it isn't impossible that I might be able to get there, it may not be that soon, so I'll probably need to post the item back to you.

Thanks,
Mark

I didn't ask for a repair as such, though since it's discontinued, I don't object to the repair (I quite liked the design though not the fault) - though I neither asked for a repair, nor explicitly or implicitly sanctioned it. When I called to chase it up they were apologetic, explained it's with the "tech team" and that's only because it is discontinued. They said that if it could not be repaired I would be contacted to authorise either an alternative product or refund. No contact since then.

I think I'll start with an email insisting on a refund unless they're replaced or refunded within 3 working days, and when that day arrives - if no joy (either the repair or the refund) I'll give a further 24 hours after which time I'll issue a charge-back.

Pointing out (correctly) that they're generally my first point of call for PC stuff and I've ordered a fair bit over the years and spent cash in their stores, so this delay isn't doing them any great favours in my eyes.

Does that sound like a plan?

Techhead_2

Can you clarify how long you had the speaker before returning? and whether you have stated you are rejecting them?

bod1467

"and so would like a replacement"

I read that as rejecting the item, and choosing replacement as the remedy (which is perfectly reasonable under SOGA).

Mark_In_Hampshire

I had them for about 8 days - it was only that long, as I was deliberating whether to take them back to the nearest store or to the post office. Notified the fault after about 4 days.

Funnily enough they have been returned this morning, but as "no fault found", so I'll have to send them back again now

Mark_In_Hampshire

Right just tested them. The engineer note enclosed basically says that the buzzing noise is so faint you can only hear it if you put your ear against it.

That might be the case in a workshop but not in a 7 * 9 foot office with wood flooring and little furniture beyond a desk and a cupboard. Having plugged it back in the noise is clearly audible.

It's hardly audiophile level equipment for £30 but I can't tolerate the noise, and the model is discontinued now.

Am I now within my rights to demand a refund, and this time insist that they come and get it if they want to, or do I have to send it back again by going to the post office (only an issue as I work from home in a rural area, we have only one car, so it will have to wait until Saturday morning and I'll have to go out of my way again)

Mark_In_Hampshire

Final point:

A bit of digging on the net reveals that this manufacturer's speaker systems are noted for humming noises from the subwoofer. Only a couple of mentions for this particular model - far more for one other very similar one.

Someone wonders if it's the higher power (240v versus 220v) in the UK which contributes to this.

So it does appear to be by design. Perhaps why they're discontinued and why the retailer elected not to refund - one wonders how many were returned.

I think they're not of merchantable quality, and have invested enough time on these, so I'll send them back again and insist on a refund, if not, I'll proceed to a charge-back. Thanks all.

somethingcorporate

IIRC you can only issue a charge-back if the value of the goods are over a certain value (£100?) so you may have a problem with that.

I would ask nicely for a refund and see what they say.

wealdroam

somethingcorporate wrote: »

IIRC you can only issue a charge-back if the value of the goods are over a certain value (£100?) so you may have a problem with that.

I would ask nicely for a refund and see what they say.

The minimum of £100 only refers to a Section 75 refund.

The Mastercard chargeback scheme has a minimum of £10, and there is no limit at all on Visa.

Info from the bottom MSE's Section 75 Refunds article.
There's also a template letter there.

I also think asking nicely for a refund is the best next step.

unholyangel

somethingcorporate wrote: »

IIRC you can only issue a charge-back if the value of the goods are over a certain value (£100?) so you may have a problem with that.

I would ask nicely for a refund and see what they say.

Hmmmmm dont visa do a chargeback for items under £100 and over £100 is section 75 claim?