Have MicroDirect broken their own terms and conditions with me?

cuzman_2

On 24/09/06 I purchased a Wharfedale 32" LCD TV (LCD32HDMI) from MicroDirect.co.uk online with my VISA debit card linked to my LLoyds TSB current account. The item lasted only a few months before it died in early April 2007, when it was less than 7 months old.

I applied for an RMA (Return Merchandise Authorisation) on 12/04/07 so I could send it back. They said that, as the item was more than 30 days old I had to pay the return postage costs myself (even though it was under a "2yr collect and return manufacturers warranty"). I received an email on 19/04/07 to say that they had received my RMA and that it would be repaired or replaced.

In MicroDirect's terms and conditions (part 6.04) it states that they will return the repaired or replaced product within 30 days.

http://www.microdirect.co.uk/content.aspx?ContentType=Normal&ArticleID=148

I called MicroDirect after approximately 28 days to enquire on the situation. They stated that the item was defective when it was tested, and that they had sent it back to Wharfedale for a replacement. They also stated that MicroDirect no longer sell the item. I asked whether it was because of the failure rate of the item, and the response was something like... "aaah, I can't really say that". I received an email after 29 days had passed on 18/05/07 which stated that a replacement was going to be issued as soon as possible, and could take a maximum of 7 days.

40 days had passed since they received the item back when I called them today (29/05/07). They said that the couriers, Citylink, had the item reported as stolen, and a claim was currently being issued. The nice chap at MicroDirect even said he would be kind enough not to charge me for issuing a further replacement!!!

I have several concerns regarding my situation. Firstly, have MicroDirect broken their contract to issue me with a replacement within 30 days? (refer to 6.03) They claim to have sent the item after 29 days, but claim that Citylink lost it (thieving depot workers in other words). Can I claim against MicroDirect or Citylink?

Secondly, do I have any claim through my VISA debit card? I know it's not officially a credit card which always comes with extra protection, but I'm still wondering if there's any possibility here.

Thirdly, seeing as the Wharefdale LCD32HDMI is no longer available from MicroDirect (or barely anywhere else now), has it been discontinued because of its failure rate? My MicroDirect warranty will still only last from the original date of purchase according to their terms and conditions, so if a replacement fails in the same way in another year and 4 months time (after the 2yr collect and return manufacturers warranty is up), will I be well and truly stuffed and have lost well over £500 (£499.99 + P&P + costs to RMA it)?

I will also add in the "sob story" fact that I am a university student coming to the end of my first year. And before criticizes a student for spending £500 on a TV, I much prefer to spend my nights watching a couple of DVDs than ending up drunk in the gutter and being a drain on the public resources.

Any advice on the situation is welcome. Thanks in advance.

jonesMUFCforever

Your contract is with MicroDirect.
You have nothing to do with the courier and therefore you can't claim against them (MD can and should - if the story is true of course!).

Personally I would be going for a refund of the purchase price and buy another TV.

cuzman_2

An update on this that I would like some advice on:

Whether MicroDirect work 5, 6 or 7 days per week, more than thirty working days has now passed and they have not issued me with a replacement within that period as stated in point 6.04 of their own terms and conditions. They claim that they issued the replacement within 30 working days, but that City Link "lost" the item in transit. I do not have proof of this, but regardless of that fact, surely their contract with me has been broken regardless of how they can argue about third party involvement.

http://www.microdirect.co.uk/Content.aspx?ContentType=Normal&ArticleID=148

MicroDirect called today to discuss the situation. They say that they now have a further replacement in stock and that they want to send it out to me. I told them how they had broken their own terms and conditions and that I should now be entitled to a full refund of the original purchase price of £499.99.

I was told that I am now only entitled to the current value of the item which they claim to be £323.12 (£275 + VAT). However, they do not stock this item new any longer, so where do they get that figure from? In fact, they have a refurbished one in stock for £468.83 (£399.99 + VAT)!!. So how much am I entitled to as a refund? I would be quite happy with a refund of £468.83, but they seem unwilling to issue me with that, even though that is the "current value" of a refurbished item.

Any advice regarding their own terms and conditions and the Sale of Goods Act (superceded by The Sale and Supply of Goods to Consumers Regulations 2002) will be welcome.

Thanks in advance.

jayboi2007

The plain and simple answer is YES! MicroDirect have broken their terms and conditions, however better than that they have broken statute law. There is no way they can offer you a refund of any less than you paid.

I purchased a computer Motherboard from MicroDirect a few months ago and it was faulty, i took it back the next day and they refused to refund me for the item. They even refused to replace it. I was in the shop for over an hour, where MicroDirect accused me of breaking the item. What they didnt realise was the burden of proof was on them to prove that i damaged the item. There was no way they could do that. I did get a refund but you have to be very firm and very clear.

There is nothing you can do about CityLink even if it did go missing, which is very doubtful. How nice of MicroDirect not to want to charge you for another. Maybe that was because they can't!

I would advise them that you requested an RMA within 30 days, and the TV was returned to them as faulty. They sent it away (im guessing without your permission? it doesn't matter even if you did agree) and you are still waiting for a replacement. Considerable time has now passed since they have had the TV, i think they are allowed 90 days by law to get the item replaced or refunded (Please Check this!). Failing that they don't have a leg to stand on, you do not have to accept a refurbished model.

After all your trouble and time without a product i would demand a full refund, today's price isn't good enough. They can legally offer you less, however their grounds for doing so have to be strong and suggest that you have has Xamount of usage from the equipment. I doubt they can really do this! I would take a copy of their returns policy in their store (photograph) as when i lest seen it, it did not comply with UK Law! And they were told!

Contact trading standards, check your dates. If they have had 90 days, then demand a full refund. If they haven't had 90 days, then tell them you would like a brand new TV or your TV repaired. If they can't give you that then get your refund. Consider telling them that you will take action in a county court.

jonesMUFCforever

I agree with above poster - either you get a new exact spec model or a full refund.