Ebuyer - Sale of Goods Act - buyers beware!

wealdroam

MiserlyMartin wrote: »

I really don't understand the high and mighty 'holier than thou' attitude of some of the responses you have received. They are unhelpful and unnecessary, and must be only posted for the reason of arguing for the sake of arguing. Unfortunately MSE has been invaded by these types of posts and it really spoils the experience of the forums.

I am going to comment on your other post.
You probably won't like my comments, but I hope you don't think it is a "high and mighty 'holier than thou' attitude".

MiserlyMartin wrote: »

These are the current T's and C's from ebuyer that seem questionable under the SoGA.

"9.2 Any Orders that are over 6 months old and the Product has been confirmed to be defective and a refund is due, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded."

This is in line with Sale of Goods Act 1979.
Section 48C of SoGA states:

(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.

So, the seller can reduce the amount refunded to take account of the use that the buyer has had.

It may seem a bit petty to do that after six months, but that is the law.

MiserlyMartin wrote: »

Even European law states a 2 year warranty on electrical items, but if PC parts are included I don't know. They certainly are 'electrical'!

MiserlyMartin, it really would be good if you can point us to this European Law.

There is/was a European Directive that gives consumers the right to seek a remedy from a seller for at least two years.
Is that what you are thinking about?

If so, you will be pleased to know that that Directive is incorporated into UK law.
The SoGA allows for consumers to seek a remedy for upto six years after the sale.

MiserlyMartin

wealdroam wrote: »

This is in line with Sale of Goods Act 1979.
Section 48C of SoGA states:

So, the seller can reduce the amount refunded to take account of the use that the buyer has had.

It may seem a bit petty to do that after six months, but that is the law.

This comes into play when making a claim under the act in the small claims court when the warranty has expired, say on a washing machine a 3 years old, not fit for purpose, should be expected to last longer than 3 years .

BUT: for the case of a memory module or HDD these have at least 12 months warranty by either one or both the OEM or the retailer. As far as I know, ebuyer are the only shop which will not fully refund after 6 months so are best avoided!

The European Law which I understood is this:
http://www.apple.com/uk/legal/statutory-warranty/
years (minimum) from date of delivery, 5 years in Scotland and 6 years in the rest of the UK1

I can see that this comes from the EU directive

wealdroam

MiserlyMartin wrote: »

This comes into play when making a claim under the act in the small claims court when the warranty has expired, say on a washing machine a 3 years old, not fit for purpose, should be expected to last longer than 3 years .

What you say here is true.

MiserlyMartin wrote: »

BUT: for the case of a memory module or HDD these have at least 12 months warranty by either one or both the OEM or the retailer. As far as I know, ebuyer are the only shop which will not fully refund after 6 months so are best avoided!

I am pretty sure that no manufacturer or retailer has to provide a 12 month warranty.
I would go further and say that no manufacturer or retailer has to provide any warranty at all.

MiserlyMartin wrote: »

The European Law which I understood is this:
http://www.apple.com/uk/legal/statutory-warranty/
years (minimum) from date of delivery, 5 years in Scotland and 6 years in the rest of the UK1

I can see that this comes from the EU directive

Ah right.

That document you linked to says that under EU-wide Consumer Laws there is a claim period of 2 years (minimum) from date of delivery, 5 years in Scotland and 6 years in the rest of the UK.

There is even a footnote explaining that in the UK there is a claim period longer than two years.

This is provided by the Sale of Goods Act, as I said earlier.

Demarcation

Not read this whole thing but to be honest it really looks like they are going on 48C3 "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."

However this would require consent from the buyer to rescind the contract.

wealdroam

Hello Demarcation, did you realise that this thread is nearly two and a half years old, and was last posted on over 18 months ago?