Ebuyer.com say no fault no refund but it's not as simple as that.

mooch

2 1/2 months ago I bought a tv from ebuyer.com. It arrived faulty. I RMA'd with ebuyer and was told to contact the manufacturer, Hannspree for a replacement.

Hannspree customer service is terrible and I finally got a replacement a month later, but this tv was in an unsealed box with no remote, manual, power cable and screws for stand. Also when I took it out of the box, it rattled inside.

I contacted ebuyer.com and they said get your original tv back and well replace it with a sealed unit ourselves.

Hannspree promised to send the original tv back as soon as they got it. Two weeks later after chasing they said they didn't have it anymore.

I contacted ebuyer again and they said send the 2nd tv back to us and we'll arrange a replacement.

I sent the tv to ebuyer and now they are saying they cannot find any rattling, the tv's been tested and it's fine, so they're sending it back to me.

I said I want a refund as:

1) I don't want to accept a tv that came unsealed and incomplete and had a rattle regardless of whether it rattles now.

2) It's been 2 1/2 months and I couldn't wait any longer so I ordered a substitute tv (it's for my parents to replace their old analogues).

I've been back and forth with ebuyer including emails today to the Managing Director which have been answered by the Managing Director's Assistant.

I keep getting the same response, there's no fault, we're returning the tv to you.

Delivery is probably coming tomorrow and originally I wasn't going to accept it, but I feel like I've gone as far as I can with ebuyer.

Any advice would be greatly appreciated.

arcon5

You have no rights to a refund. You would have rights to a repair, replacement or refund -- effectively retailers choice. Despite the rattle, does the TV actually work?

CoolHotCold

arcon5 wrote: »

You have no rights to a refund. You would have rights to a repair, replacement or refund -- effectively retailers choice. Despite the rattle, does the TV actually work?

Wrong, but it's murky at best.

TV arived faulty, and you raised a RMA with Ebuyer straight away you would be entitled to receive a refund (unless purchased for/on business T&C) as it's still within the acceptance period.

The fact that the OP went to hanspree does make it more difficult.

mooch

arcon5 wrote: »

You have no rights to a refund. You would have rights to a repair, replacement or refund -- effectively retailers choice. Despite the rattle, does the TV actually work?

I felt (and still feel) that the rattle was enough to warrant a replacement. The tv didn't have a power cable anyway, so I couldn't have tested it. Ebuyer say they have tested it and it works.

CoolHotCold wrote: »

Wrong, but it's murky at best.

TV arived faulty, and you raised a RMA with Ebuyer straight away you would be entitled to receive a refund (unless purchased for/on business T&C) as it's still within the acceptance period.

The fact that the OP went to hanspree does make it more difficult.

Yeah, it seems to have been made stupidly complicated by a series of small drawn out !!!!-ups by ebuyer and more so hannspree. The lesson I've learnt is never let them send you to the manufacturer. Next time, if I can't get the replacement, I'll get the refund straightaway.

I RMA'd straight away (non-business), but at that time I wanted a replacement.

Now, it's been 2 1/2 months and I've already bought another tv so I want a refund.

I guess there are 3 questions I have in regard to my 'rights'.

1. Having RMA'd for a replacement immediately, can I change to a refund when I haven't got a suitable replacement after 2 1/2 months?

2. Is a rattling inside the tv when I received it enough to demand a replacement when ebuyer have tested the set and say no rattling and works fine. I sent them a video of the rattling and I am genuinely concerned about a future problem with the set (imagining broken plastic melting inside the tv and giving off toxic fumes or catching fire)?

3. The whole time, I was given the impression I would receive a brand new replacement tv. The replacement tv I got was unsealed and incomplete. Hannspree say it is 'new', they just unboxed it to test it and would send the other parts out to me (said I should have been told to keep them from the first tv). Do I have to accept this tv as a suitable replacement (again, have worries that it is in fact a refurb - if they tested it, how come it was rattling inside?)

Thanks for the advice. Much appreciated.

Elle7

Would the fact that Ebuyer carry out testing, and the item will have reports stating it works and does not rattle, not mean Ebuyer will see right through this?

Anyway, even if he intentionally made it faulty, the company could repair or replace - they are unlikely to refund, which is the option that the OP wants. He's likely to have more success selling it on to someone else rather then trying to get a refund from Ebuyer after 3 months, because replacing or repairing is likely to be cheaper for them.

arcon5

CoolHotCold wrote: »

Wrong, but it's murky at best.

TV arived faulty, and you raised a RMA with Ebuyer straight away you would be entitled to receive a refund (unless purchased for/on business T&C) as it's still within the acceptance period.

The fact that the OP went to hanspree does make it more difficult.

op has already accepted a repair & allowed 10 weeks to pass before requesting a refund (which is well beyond what is 'reasonable'). And the fact op doesn't even have the TV ebuyer sold them, you'd be more than lucky to have any rights to a refund!!!!

arcon5

I'd be very careful taking the above advice to deliverately damage the TV if I was you! Aside the fact its fraudulent, they'd likely repair it again.

bris

CoolHotCold wrote: »

Wrong, but it's murky at best.

TV arived faulty, and you raised a RMA with Ebuyer straight away you would be entitled to receive a refund (unless purchased for/on business T&C) as it's still within the acceptance period.

The fact that the OP went to hanspree does make it more difficult.

Unfortunately the OP didn't reject the tv but instead went with the recommendation of the retailer. As he has now accepted the repair he will have to live with it.

unholyangel

arcon5 wrote: »

op has already accepted a repair & allowed 10 weeks to pass before requesting a refund (which is well beyond what is 'reasonable'). And the fact op doesn't even have the TV ebuyer sold them, you'd be more than lucky to have any rights to a refund!!!!

Has he really accepted it though? The first one arrived faulty, he rejected it. They offered replacement via manufacturer and he accepted this. However, 2nd one came out showing signs of possible faults and was incomplete, again the OP hasnt accepted it.

IMO he hasnt shown any signs of accepting the goods, only of accepting their offer to make good on the contract - which they have failed to do.

34 Buyer’s right of examining the goods.

F1. . .
Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract [F2and, in the case of a contract for sale by sample, of comparing the bulk with the sample.].

(6)The buyer is not by virtue of this section deemed to have accepted the goods merely because—
(a)he asks for, or agrees to, their repair by or under an arrangement with the seller,


He has the right to examine the goods. He has not been able to do this. Therefore acceptance cannot be assumed.

unholyangel

bris wrote: »

Unfortunately the OP didn't reject the tv but instead went with the recommendation of the retailer. As he has now accepted the repair he will have to live with it.

As above, i refer you to section 35, paragraph 6.

(6)The buyer is not by virtue of this section deemed to have accepted the goods merely because—
(a)he asks for, or agrees to, their repair by or under an arrangement with the seller,

Wayne3765

arcon5 wrote: »

I'd be very careful taking the above advice to deliverately damage the TV if I was you! Aside the fact its fraudulent, they'd likely repair it again.

Not to mention the dangers of poking a screwdriver inside a live TV :eek:.