Ebuyer supplied grey market hard disk and now won't replace it

aidanbree

I bought a laptop hard disk only a few months ago from ebuyer. The drive was a Samsung and advertised no differently to any other that I have bought before

After a number of months, the drive developed errors. I contacted ebuyer who asked me to contact samsung directly for support. When I did, Samsung told me that they could not provide support the drive as it was bought out with Europe.

I contacted ebuyer who again directed me to Samsung....this happened a few times until ebuyer agreed to return the drive. I expected that shortly I would be presented with a replacement drive...

I have returned many drives before to the vendor. When this happens, the vendor will take a drive from stock and replace it for the customer. I expected the same from ebuyer.

After a few days I got a message stating that the drive was out of stock and I had received a refund. Ebuyer prices for similar drives are now 100% more due a supply crisis in Thailand due to the floods there.

Had ebuyer supplied a European supported drive then I would have had my replacement drive weeks ago and not paid a penny more.

To add insult to injury, the refund they provided is less DEPRECIATION ( 26 rather than 32 quid)....even though the price has gone up!

More to the point, they will probably return it to the region where they bought it and have Samsung replace it.

I asked ebuyer to return the faulty drive to me but it has been 'disposed' of

Does anyone know what I can do?

bod1467

Did you notify Ebuyer more or less than 6 months ago?

HappyMJ

Not sure as you got a refund. You can ask them for the £6 back and take it from there if they refuse.

bris

Repair replacement or refund, their choice not your's. You have played the game and this time lost out. They have upheld your statutory rights by giving you a refund, the deduction is also allowed, you may appeal the deducted amount but they have done nothing wrong.

aidanbree

I returned it immediately after the issue occurred. From purchase to return was less than six months.

They say they have deducted the use during that time...

Had they provided a European drive in the first place then Samsung would have replaced the drive under warranty.

Is there no requirement to state that the manufacturer warranty is not valid when advertising they intend to provide grey market goods?

Had I known this when purchasing I would have gone with an alternative supplier

I never asked them for a refund, I asked for them to replace it

Hintza

I think you have a good argument for a full refund and I would write a few letters but if you have no joy where you go next? Really depends on how much you relish the battle.

Good luck.

howardhewitt

Write to them and explain that you want the £6.00 back.

Ask them how they worked the sum which is to be deducted.

You returned the hard drive within 6 months, thus ebuyer must think that for every month that hard drive is used you are entitled one pound less off the total price. Based on this, after 32 months you would be entitled to £0.

Zandoni

I'd phone them and see what they say, it's easier to say 'tough' with a letter

Trinitrotoluene

They have every right to refund you. As the fault occured within 6 months though they have no right to deprecate the refund.

timbstoke

As has been said, under SOGA they are allowed to refund rather than replace. However, as it's gone wrong within 6 months, you shouldn't be getting any deduction from your refund. Also, look into Loss Of Bargain. It's possible you may be able to replace the drive and pursue eBuyer for the difference in cost between your drive and the one you had to replace it with. Bear in mind this will potentially mean starting a small claims action with them - whether that's worth the hassle is up to you.

neilmcl

timbstoke wrote: »

As has been said, under SOGA they are allowed to refund rather than replace. However, as it's gone wrong within 6 months, you shouldn't be getting any deduction from your refund.

The fact that its gone faulty within six months has no bearing as to whether the retailer can deduct an amount from the refund, only if the fault was reported within a reasonable time can the buyer expect a full refund. The OP has enjoyed "a number of months" usage and the retailer is entitled to take this into account with the refund they offer.