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Sent wrong goods but denied refund as claim had to be made within 10 days

Hi,

I recently purchased a laptop on ebuyer - an Asus U500VZ.

The product arrived but the touchscreen didn't work. Stupidly, being a bit busy and also usually being able to figure things like this out by myself, especially as I started off by changing the default config of the laptop by deleting a lot of the startup items, I didn't flag this up straight away.

Having used the laptop for a while and not having had any success with my touchscreen issue, I finally found the reason - ebuyer had sent me a different model, an Asus U500V.

Upon realising this I contacted ebuyer, who stated that they were unable to help me as it was the 11th day since I received the laptop - I only had 10 days to flag it up to them for a return. They are unwilling to budge in any fashion on this matter.

In my conversation with Ebuyer, I requested that they sent me an email stating that I highlighted the issue today, and that they won't be able to help me as I raised the issue 1 day too late. I've received this and put it in a safe place. I also have the original invoice that clearly states Asus U500VZ.

Can anyone help me out with my rights here? I'm aware that the period of 'reflection' to return an unwanted product is 7 days. I can't believe that the period to return an incorrect product is only 10 days. Is this really the case?

What about raising a technical fault, in that the touchscreen that they sold me does not work (and isn't ever going to). Would I be entitled to a refund by this method?

I'd just like to state that I've been completely polite and (I feel) reasonable with ebuyer's representatives at all times.

Looking forward to your input!

(Edit - just to note that I've had a good read through the sticky posts up top and couldn't see anything that pertained exactly to my situation! Please just point me in the right direction if I've actually missed anything)
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Comments

  • battleborn
    battleborn Posts: 516 Forumite
    They have to take it back if it is not what you ordered, they are trying it on.

    Demand they change it or you will take legal steps against them.
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    If you were returning as you didn't want it then yes.

    But because they mistakenly sent you an inferior model, they are having you on.
  • ABramley
    ABramley Posts: 5 Forumite
    Thought they might be.

    So how best do I go about getting a refund? On the phone they refused point-blank to do anything.

    Thanks!
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    Put it in writing first. If you still get no where if you paid via credit card, easier to go that route. If not letter before action.
  • battleborn
    battleborn Posts: 516 Forumite
    I agree with tinkerbell
  • ABramley
    ABramley Posts: 5 Forumite
    Thanks!

    For writing, will an email do, or does it need to be pen and paper?

    I paid by debit card - worth contacting my bank pre-emptively to see what help they can offer me?
  • visidigi
    visidigi Posts: 6,584 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Write it first, try an email if that doesn't gain traction registered post a letter to them.

    Reduce your use of the device to reduce the risk of damage whilst its under discussion.
  • MamaMoo_2
    MamaMoo_2 Posts: 2,644 Forumite
    Just an FYI, under DSRs you have 7 WORKING days starting the day following delivery. With the recent bank holiday you may have notified them within the timeframe.
    It's not the ideal solution as return costs may not be covered and you won't be refunded the original postage, but it's an avenue to pursue if they're being idiots.
    Alternatively, send them a letter before action giving them say 7/14 days to rectify the issue. If they fail to do so, start small claims proceedings against them.
  • beeg0d
    beeg0d Posts: 179 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Also try making this post on the ebuyer forums. a little bit of public shaming on their own site may bring a speedy resolution.

    https://forums.ebuyer.com/index.php
  • pmduk
    pmduk Posts: 10,683 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Ebuyer CS is incredibly unreliable.
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