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

unholyangel

Wayne3765 wrote: »

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

I think theres probably been a darwin award for that

mooch

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.

I would never intentionally damage the tv. It was never actually repaired though. The 1st tv is god knows where, but the 2nd tv left my possession rattling and somehow arrived at ebuyer rattle-free.

unholyangel wrote: »

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.

Wow, thanks for summarising perfectly.

I'd just like to add that the 10 weeks that have passed have done so because I've been chasing Hannspree and ebuyer when they aren't communicating with me.

Both times the tvs arrived with faults they were reported to ebuyer/hannspree immediately.

When I asked ebuyer why the sent me to Hannspree instead of replacing the tv themselves, they said,

"Upon looking in to your complaint I can advise that we do advise customers
to contact the manufacturer is we believe they can resolve your issue
quicker than returning the item back to us for testing. I will pass on the
details of your complaint to the manufacturer to ensure all items are
included with products in future."

When I asked them why I should accept an unsealed, incomplete, rattling replacement, they said,

"The unsealed box was not provided by Ebuyer and I have advised that feedback will be given to the manufacturer in relation to this.

As previously advised this item is not faulty therefore it is being returned to you"

It feels like ebuyer are saying ... yes we sent you to Hannspree, but they're the ones that lost our tv and sent you a dodgey one, so don't talk to us about it.

bod1467

May well be time for a Letter Before Action demanding a refund followed by small claims court (MCOL) action if necessary?

spadoosh

Claim you have lost faith in the product having had two that are faulty, irrespective of working, the TV has an alien object inside it and is not something that is expected from the product claim DSR and all that. As regards to being sent to the manufacture you can say you should never have been sent their in the first place and you were poorly advised, your contract is with them and only them and by them failing to deal with you personally they have tried to avoid their contractual obligations.

Bit of a mistake buying the other tv you should have given suitable time to repair/replace.
I would send them a letter (recorded delivery) stating your seeking legal advice regarding this matter, your disappointed with their customer services and it has left a serious sour taste with something that should have easily been fixed. they should never have sent you to supplier and were wrong in doing so.

Hope you can get this resolved

mooch

I got the tv back from ebuyer. No rattling, but it has a large white patch when viewed from the right. Aparently this 'clouding' is a common problem on lcd screens. I've requested RMA for a refund using the advice from unholyangel and spadoosh (thanks). Case has been reopened and hopefully they'll collect it soon.

Preparing myself for another battle as ebuyer said many times before they extensively tested it and found no faults.


Taken lots of vids and pics.

mooch

From ebuyer

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]Our technicians have tested the TV and the white mark is still not apparent. Viewed from the same angle the screen. We are continuing to run the unit to see if it develops any faults.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]I will update you once I have any further information.[/FONT][/FONT]

I emailed them back to say that the fault is basically impossible to miss. I noticed it straight away and I have taken lots of videos and pictures showing it.

That was before xmas. Haven't heard anything back yet.

Any advice on my next move if they say they still can't find a fault and are sending the tv back to me?

Happy hols all.

caeler

Is it worth emailing them the photo's you took?

mooch

caeler wrote: »

Is it worth emailing them the photo's you took?

I sent the above photo when I raised the latest RMA. I've let ebuyer know that I can send them more photos and videos of the tv in action, but haven't heard anything back yet.

I get the impression that ebuyer RMA works like this:

1) customer raises RMA
2) collect and test tv - by test, i presume it's 'does it switch on?' yes, no fault.
3) send templated email to customer saying no fault found and tv is already on a van heading back to you.

Elle7

Ebuyer are usually quite good at testing...although it is usually using diagnostic machines, rather then people looking at it. If they are actually looking at it, it probably won't be for long!

Did they provide you with test reports? They eventually did for a graphics card fault I had, and it was quite extensive. The fault did appear, which they missed, but they did replace. It was a bit of a battle, and has put me off buying from them again.

mooch

Elle7 wrote: »

Ebuyer are usually quite good at testing...although it is usually using diagnostic machines, rather then people looking at it. If they are actually looking at it, it probably won't be for long!

Did they provide you with test reports? They eventually did for a graphics card fault I had, and it was quite extensive. The fault did appear, which they missed, but they did replace. It was a bit of a battle, and has put me off buying from them again.

I have no idea what tests they are doing. I've certainly not been given any test reports. It's infruriating knowing they just have to turn on the tv, look at it from the right and there's the fault.