An odd one - I got a refund but i wanted a warranty replacement

Mylz

Hi,

This may seem the wrong way round to many, but I was wondering where I stand on this one.

I bought a computer mouse last april, and it is now faulty. I contacted the manufacturer, who agreed this was under the 3 year warranty and said I should go through the seller (ebuyer) to arrange this.

I contacted them and they were initially helpful and said yes and arranged an RMA.

However yesterday they informed me that it was indeed faulty, and that they had issued me a partial refund. However the item in question was originally £45, they refund me £40, but now to buy a replacement costs £60+.

They claim that because it's more than 6 months old, under their warranty, that I get a partial refund. They keep saying "sale of goods act" at me, but my understanding was that if i asked for a replacement or repair, they had to provide one of these. Even tho it was more than 6 months old, the fact that they have refunded indicates to me that they accept fault was not due to wear and tear, or they wouldnt have given me this.

At no point did they say "do you want a refund?" it just happened - I asked for theitem to be returned to me as soon as I found out and they say its already gone for recycling (they only appreoved the refund yesterday afternoon..), so I cant even get the item back from them to go direct to the manufacturer.

The last thing they said was "if it was more than a year old it would be manufacturer warranty, but its between 6 months and a year so its under ours, and we are just giving a refund".

Can they really do this despite me wanting a replacement and not being left out of pocket to buy a replacement at £70? Is there anything I can do to get my replacement or the purchase price of a new one reduced to the original purchase price so im not losing out?

I should probably add that the item is in stock on their site, so I can really see no reason for them being physically unable to replace or repair, other than them wanting me to have to pay the extra £35 to get my replacement.

agrinnall

Even if it was less than 6 months old the seller can choose whether to repair, replace or refund under SOGA. For something that is over 6 months old to be offered almost 90% of the purchase price is a good deal. I don't see why a replacement should now cost you £60+, it sounds like that is betterment, if you want exactly the same then see if you can find one on eBay which I'm sure will cost a lot less than the £40 you've got back.

Mylz

Hi,

Its not betterment, its exactly the same item, ebuyer just had it stupidly cheap originally. I'd link but im not allowed to cos im a new user - its a logitech g700 gaming mouse, same model thats been out over a year.

The bit that confuses me in the SOGA is where it says:

If section 48A above applies, the buyer may require the seller—
(a)to repair the goods, or
(b)to replace the goods.
(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

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,

That seems to be interpretable as that if I dont rescind the contract, I dont agree to refund, so I should get repair or replacement.

Shashwoo

The thing is Section 48A doesn't apply to you as your mouse is over 6 months old and was working

48A Introductory

(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.

You need to speak to the manufacturer of the item and find out what the 3 year warranty entitles you to. If it is beyond economical repair then they may have a partial refund clause.

George_Michael

other than them wanting me to have to pay the extra £35 to get my replacement

Buy it from Amazon at it will only cost you another £18.50, not £35
http://www.amazon.co.uk/Logitech-910-001759-Gaming-Mouse-G700/dp/B003U53Y9Q/ref=sr_1_1?ie=UTF8&qid=1322666436&sr=8-1

Mylz

Shashwoo wrote: »

The thing is Section 48A doesn't apply to you as your mouse is over 6 months old and was working

48A Introductory

(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.

You need to speak to the manufacturer of the item and find out what the 3 year warranty entitles you to. If it is beyond economical repair then they may have a partial refund clause.

Yes I see the 6 month bit, and Iw anted to get it back so I could take that up with the manufacturer - but they have already "recycled" my mouse within the 3 hours between them saying "yes refund" and me finding out they had and ringing them, leaving me with no way of arguing this. The other side of this problem is that by even giving me the refund without arguing, one could say that they had accepted that 48A applied, or they didnt even have to give that.

The sale of goods act bit is by-the-by tho - I had a 3 year manufacturer replacement warranty on the product, which they've ruined now by decided on a refund and disposing of my item before I even said yes go ahead..

"(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."

Perfectly reasonable, no argument with the reduction, but how come they dont have to say "do you want to go ahead?" to check that I want to rescind?

neilmcl

The buyer cannot insists on a remedy where the cost is higher in proportion to any other remedy, ie, the seller can effectively choose the cheapest remedy to them.

Mylz

neilmcl wrote: »

The buyer cannot insists on a remedy where the cost is higher in proportion to any other remedy, ie, the seller can effectively choose the cheapest remedy to them.

Ahaa, i think I see it - 48B, subsection 3 paragraph c:

The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is...

disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

Thanks, I knew I must be missing something in there somewhere!

Still doesn't make me any happier about them "hijacking" my warranty tho, when in another 6 months it would have gone direct to manufacturer and I'd have got a replacement from them, but not much I can do now I guess.

neilmcl

Mylz wrote: »

Still doesn't make me any happier about them "hijacking" my warranty tho, when in another 6 months it would have gone direct to manufacturer and I'd have got a replacement from them, but not much I can do now I guess.

What makes you think you'd get a replacement via the warranty?

Mylz

neilmcl wrote: »

What makes you think you'd get a replacement via the warranty?

I email Logitech first and they said in an email that replacement would be the course of action, and that ebuyer would be able to arrange it for me, thats the only reason I went back to the seller at all.

texranger

http://www.pixmania.co.uk/uk/uk/6572021/art/logitech/g700-wireless-gaming-mous.html £54.50