Ebuyer returns

moto4

I was bought a tablet from Ebuyer 10 months ago and, for added security, my father put it on his credit card. Sadly it has broken. The tablet was returned and found to be faulty.

I still have the original sales page which states there is a two year warranty but Ebuyer say it is there company returns policy to only offer a a percentage of the purchase price (55%). Unfortunately this is written on their website but how does that sit with an asserted 2 year warranty, particularly as what is the purpose of a warranty if not to replace faulty goods?

Any ideas please?

colin79666

What a load of nonsense. It doesn't matter what the manufacturers warranty or Ebuyers policy is. The fact is the Sale of Goods Act gives you a set of rights and that is what actually matters. Any regular member of the public would expect a tablet to last more than 10 months.

See more on SAD FART here:
http://www.moneysavingexpert.com/shopping/consumer-rights-wallet-print

Orrin

Under the SOGA if it's impossible or disproportionate for the retailer to repair or replace faulty goods you can choose to rescind the contract (return for a refund) or keep the goods and accept a reduction in the purchase price.

In the case of a refund the retailer is allowed to make a deduction to represent the use you have had from the item.

It sounds like they are basing their offer of a 55% refund after 10 months on an expected lifespan of 2 years for the product.

In my experience Ebuyer are one of the better online electronics retailers (although admittedly the bar is pretty low) so you may be able to negotiate with them.

mattyprice4004

colin79666 wrote: »

What a load of nonsense. It doesn't matter what the manufacturers warranty or Ebuyers policy is. The fact is the Sale of Goods Act gives you a set of rights and that is what actually matters. Any regular member of the public would expect a tablet to last more than 10 months.

See more on SAD FART here:
http://www.moneysavingexpert.com/shopping/consumer-rights-wallet-print

Yep, it does indeed - however they're allowed to deduct for use so they're right, and what you've said seems to be the nonsense.

55% is quite harsh, but if it was a cheap tablet I don't think it's too far away from reasonable.

Devin_Shockwell

Make a claim under the Sale of Goods Act. This website has/had a template letter you can use. Any reimbursement should be applied assuming 6 years of continued use so the refund should be closer to 86%!

If ebuyer don't want to play ball and the tablet cost £100 or over use Section 75 against the credit card used to buy the tablet. Money Saving Expert has/had another template letter for that one. Can't seem to find them at the moment though!

Techhead_2

Devin_Shockwell wrote: »

Make a claim under the Sale of Goods Act. This website has/had a template letter you can use. Any reimbursement should be applied assuming 6 years of continued use so the refund should be closer to 86%!

If ebuyer don't want to play ball and the tablet cost £100 or over use Section 75 against the credit card used to buy the tablet. Money Saving Expert has/had another template letter for that one. Can't seem to find them at the moment though!

I'm sure you mean well but that is vague, and mostly wrong. Six years is the time you have to make a claim. NOT the length of time a product should last.

Devin_Shockwell

Techhead wrote: »

I'm sure you mean well but that is vague, and mostly wrong. Six years is the time you have to make a claim. NOT the length of time a product should last.

I've claimed with ebuyer a couple of times under the Sale of Goods Act (SOGA) and the equation they applied was a 6 year rule that struck me as reasonable. So 6 years was taken as the time frame for my XBOX 360 to function. In my case the red ring of death occurred with almost 4 years of use. I argued this was a common fault and claimed under the SOGA getting a refund based upon my outstanding 2 years of XBOX entertainment I had bought into!

With the drop in prices this pretty much matched the cost of buying a new XBOX 360 Slim so I was one happy camper.

moto4

Thank you every one for taking the time to reply to my query.

I will claim on Sales of Goods first, that seems to be the best course of action from what I read though I am still unclear exactly who is 'correct' but perhaps that is par for the course with legal stuff.

Will keep checking should any other ideas occur or any other answers be posted.

Thanks again.

moto4

Just thought I'd post up a note to say thanks to advice from here I felt better able to stand up to proposed refund and was given a 90% refund. Very happy. Thanks all.:j:beer:

CKhalvashi

mattyprice4004 wrote: »

Yep, it does indeed - however they're allowed to deduct for use so they're right, and what you've said seems to be the nonsense.

55% is quite harsh, but if it was a cheap tablet I don't think it's too far away from reasonable.

This is the point.

If it was in iPad (my DD's share my old one, and this has lasted since 2010), I could see the frustration, however if this is a cheap model, I can see the frustration here, however under SOGA, I can see where the retaileris coming from (don't take my word for this, but it's my understanding of the law)

If purchased on CC for over £100, I can see with the offer made, how this may fail, but again, this is my non-legal interpretation.

CK

Devin_Shockwell

moto4 wrote: »

Just thought I'd post up a note to say thanks to advice from here I felt better able to stand up to proposed refund and was given a 90% refund. Very happy. Thanks all.:j:beer:

Nice work!

Did they do a direct monetary refund or add funds to your ebuyer ledger?