Return after 28 days...

GrantXP

Hi,

I purchased a item from eBuyer on 16th May 2014 as a gift. My friends birthday was the 14th June which is outside of the 28 day returns policy. Anyway when my friend opened the nettop it turned out to be faulty. I contacted ebuyer who said send it back and they would replace it. However, once it had been sent back (29th June) it took them over 2 weeks to confirm the item as faulty and then they said that they returned it to the manufacturer on 14th July, I have heard nothing since.

Do I have any rights here? I understand that outside of the 28 day period it is in manufacturers warranty but it seems crazy that I will have to wait 6 weeks... I want to just demand a refund? Do I have a leg to stand on?

wealdroam

GrantXP wrote: »

Hi,

I purchased a item from eBuyer on 16th May 2014 as a gift. My friends birthday was the 14th June which is outside of the 28 day returns policy. Anyway when my friend opened the nettop it turned out to be faulty. I contacted ebuyer who said send it back and they would replace it. However, once it had been sent back (29th June) it took them over 2 weeks to confirm the item as faulty and then they said that they returned it to the manufacturer on 14th July, I have heard nothing since.

Do I have any rights here? I understand that outside of the 28 day period it is in manufacturers warranty but it seems crazy that I will have to wait 6 weeks... I want to just demand a refund? Do I have a leg to stand on?

That '28 days' is for change of mind type of returns.

If the goods are faulty, then that is a different matter.

You can demand a refund, and you may be entitled to one if you can convince the seller that you are rejecting the goods as not conforming to contract. That may be difficult.

Now to your second paragraph...
Here is a short extract from MSE's Consumer Rights guide:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

GrantXP

Thanks wealdroam, so if I say to ebuyer that the goods they provided me were faulty and I no longer want the item they should honour a refund?

wealdroam

GrantXP wrote: »

Thanks wealdroam, so if I say to ebuyer that the goods they provided me were faulty and I no longer want the item they should honour a refund?

I doubt they will offer a refund, and if they don't, then your only way of getting one would be to at least threaten court action.

They will probably suggest you return the goods to them for investigation and eventually offer a repair, or a replacement if a repair isn't possible.

Did you read that article I linked to earlier?

It might also be worth reading MSE's How to Complain article.

browneyedbazzi

GrantXP wrote: »

Thanks wealdroam, so if I say to ebuyer that the goods they provided me were faulty and I no longer want the item they should honour a refund?

If you reject faulty good quickly (before you are considered to have accepted them) you can insist on a refund. Given the length of time you had the item it's probably too late to reject.

After acceptance they have to provide redress - which can be repair, replacement or refund. It is up to the retailer to choose which option to go for.

GrantXP

Ok, it is now 28 days with the manufacturer... So time line is as follows:

Purchase Date:6th May 2014
Return Date: 29th June
Date that fault confirmed and sent to manufacturer: 14th July

I have still heard nothing and it has been in excess of 6 weeks. I cannot believe that I have no rights here and that this practice is acceptable? Is there anything I can say or do?

Is there any point following this up with anyone? Trading Standards etc.

Thanks
Grant

Hintza

GrantXP wrote: »

Is there any point following this up with anyone? Trading Standards etc.

No.

But start kicking up a fuss (too long, bad SC etc) with ebuyer and you could threaten with a letter before action etc.

ThumbRemote

What correspondence have you had with the retailer since you sent it back to them?

GrantXP

Multiple phone calls, but in terms of written correspondence only an eNote trail which basically keeps apologising... Basically confirming all the details above...