Sale of Goods Act 1979 & Proportionate Refund

stevedparry

Hi all,

I've been having a few problems with Ebuyer recently in regards to faulty products, but now I feel I'm just been taken for a fool.

I purchased a Google Nexus 7 over 6 months ago and it became faulty (headphone jack stopped working) after jumping through hoops to get it returned, I've now received a email this morning stating : -

Following extensive tests by our Returns staff, this item was found to be faulty. Therefore a refund will be issued once the RMA has been closed.
As per section 9.2 of our terms and conditions and in line with the Sale of Goods Act 1979, as this item is over 6 months old you will only qualify for a proportionate refund of the original purchase price. Therefore we are unable to issue a replacement as initially requested.

Now I know the they dont make my model anymore (16gb version) but its the same prices as the new 32gb version.

I cant help but think that Ebuyer are simply going to send it back to the manufacturer for a FULL refund at its not 12 months old.

I've also done a bit of research and cant find anything regarding the percentage reduction I will receive.

Is this fair & legal?

bod1467

Are they legally correct? Yes. They are allowed to reduce the amount of any refund to account for usage. What really matters is how much they deduct - you're not bound to accept anything they offer; you still have recourse through the courts if you're not happy.

Are they "working the system"? Absolutely! Very few retailers will reduce the refund amount within the first year since purchase.

vuvuzela

It is legal (as after all you had use of the device for over half a year), but it is harsh to penalise you like this after only 6 months. I'd wait and see what they offer.

stevedparry

Well it looks like they havent given me a choice. The email states at the bottom

Please note; debit/credit card refunds can take up to three working days to clear.

Update: I rang them to ask how much I will be receiving. I've been its £173 so for a device I've had about 7 months I've lost £26.

I did call Asus who assured me if I use them I will get a repaired device or a replacement for the same or better device.

But for £26 I simply don't have the time.

There's one thing for sure, I wont be using ebuyer again

pinkshoes

stevedparry wrote: »

Well it looks like they havent given me a choice. The email states at the bottom

Please note; debit/credit card refunds can take up to three working days to clear.

Update: I rang them to ask how much I will be receiving. I've been its £173 so for a device I've had about 7 months I've lost £26.

I did call Asus who assured me if I use them I will get a repaired device or a replacement for the same or better device.

But for £26 I simply don't have the time.

There's one thing for sure, I wont be using ebuyer again

So it cost you £199, and they're charging you £26 for 6 months use.

This is 13% of the item's initial value for 6 months use, which implies that it has a shelf life of nearly 4 years, which I think is relatively fair to be honest.

Were you expecting it to last more than 4 years?

fozmcfc

I too think £26 is a fair reduction for 6 months use.

These items are coming down in price all the time, so even with the £26 deduction, the same/very similar or even higher spec device would be available for no or little extra cost.

So you basically get 6 months loan of it for practically nothing.

Having said all that, of course as you say Ebuyer made you jump through hoops to get to this stage, so I can understand why you wouldn't want to use them again.

Hintza

You will be able to buy a new 32Gb one for £189 or less. So you have lost a maximum of £16 but have an improved/bigger model.

stevedparry

fozmcfc wrote: »

I too think £26 is a fair reduction for 6 months use.

These items are coming down in price all the time, so even with the £26 deduction, the same/very similar or even higher spec device would be available for no or little extra cost.

So you basically get 6 months loan of it for practically nothing.

Having said all that, of course as you say Ebuyer made you jump through hoops to get to this stage, so I can understand why you wouldn't want to use them again.

I don't mind the reduction, to be honest it was unexpected. I was expecting them to send it to asus who DO have stock of the 16gb version.

fozmcfc

stevedparry wrote: »

I don't mind the reduction, to be honest it was unexpected. I was expecting them to send it to asus who DO have stock of the 16gb version.

I believe you could have done that yourself as well.

I wonder if you could have avoided jumping through hoops, if you had sent it straight to Asus as it was under warranty anyway. Or did you try and Asus said go through Ebuyer?

Many people complain about companies telling people to go to the manufactuer direct. But normally if it is still in warranty time, it is quicker to cut out the middle man, who will normally send it to the manufactuer anyway for repair.

Ebuyer have taken advantage and have thought, ok you've given it back to us, so we may as well take advantage and give you money back minus usage cost and get it repaired for little/no cost and resell it.