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Ebuyer not honouring the Sale of Goods Act for refund of defective item

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  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Be Warned! Ebuyer operate a very shady returns policy if your product is over six months old. You would be very lucky to receive a full refund or even a replacement, they will offer you a refund or replacement initially but once they receive your RMA they'll fob you off with a partial refund - its their proportionate refund policy.

    It's actually a feature of The Sale of Goods Act.

    Section 48C of SoGA says (amongst other things):
    48C Reduction of purchase price or rescission of contract

    (3) For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Be Warned! Ebuyer operate a very shady returns policy if your product is over six months old. You would be very lucky to receive a full refund or even a replacement, they will offer you a refund or replacement initially but once they receive your RMA they'll fob you off with a partial refund - its their proportionate refund policy. They will promise all sorts over the phone so don't be suckered in!

    Your best off going for the jugular and initiating a chargeback with your card provider.
    Nothing "shady" about it, perfectly legal and above board as outlined in the post above.
  • Well the point I was trying to make, which seems to have been overlooked in the two posts above is the fact you cant trust Ebuyer at all when it comes to returns. I was aware they could deduct money for use, I have no problem with that if it was made clear at the point of arranging the return. The shadyness comes into it when you return something to them with a "direct replacement" RMA and also being assured over the phone you'll be receiving a replacement only for them to change your RMA to refund once they have it back and issue a partial refund before you have a chance to argue. This is especially annoying when you could have gone through the manufacturer and received a repair or replacement for free.

    This is something the OP should be made aware of.
  • I called the credit card company today to make my section 75 claim (thanks frugal_mike for clarifying this) where they opened the case and sent me a claim form in the post, to reach me in about a week.

    When they get the completed form back, they will decide whether to take the case on or not.

    I'll keep you all updated.
    FunnyMunny for the best munny laundering services around! Get your squeaky clean notes here
  • Hey people, I meant to update you.

    Good news, the credit card company took on my case, but want a little more info from me for evidence of the fault to strengthen my case.

    This is fine, as they'll accept links to the Corsair forum of other people complaining about this problem. I'll also link to my thread about it.
    FunnyMunny for the best munny laundering services around! Get your squeaky clean notes here
  • Will they accept links to forums as evidence that your particular product has this issue? Good to hear that you're on the way to getting this sorted though.
  • Yes, they will, frugal. :)
    FunnyMunny for the best munny laundering services around! Get your squeaky clean notes here
  • FunnyMunny
    FunnyMunny Posts: 68 Forumite
    I've been meaning to update this thread for a little while now, thanks for your patience everyone.

    The credit card unfortunately denied my claim, although they said I'd provided good evidence. They said that since I was claiming under section 75, the burden of proof for the fault was on me, even though it's within 6 months of purchase, so I will have to accept a repair. I wasn't happy, but suspected that it might turn out this way due to the wording of the law (Sale of Goods Act) which doesn't grant an outright refund in such circumstances, but gives the retailer a chance to fix the problem first. I was trying to avoid going through all this hassle. Yup, you were right, frugal_mike. :)

    I was also surprised that the SOGA doesn't seem to apply when claiming under section 75. I would have thought the two would work together? I don't know much about this kind of stuff though, so perhaps I've missed something?

    They did clarify however that if a second unit has the same problem, then I'd be in a much better position to get that refund. At least I'm glad to say that the overall service I received from my claim handler at the credit card company was courteous and helpful.

    I'd be very grateful for your opinions before I start the return process. I'll then let you know how that goes.
    FunnyMunny for the best munny laundering services around! Get your squeaky clean notes here
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    As far as I'm aware, Section 75 of the Consumer Credit Act does not vary, in any way, any part of the Sale of Goods Act. Therefore I believe your CC provider is talking guff. S75 makes the credit provider jointly liable with the seller for the performance of the contract under SOGA ... including the proof issue!
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Very late to the party, but I stopped using Ebuyer (even when they were cheaper) because they only gave partial refunds to items (if outside a month) when they were faulty. Just absolutely horrific customer service.

    My money goes to Scan and Overlockers, both use DPD for shipping (Free on Scan with 10 forum posts) and both use DPD to collect faulty items too. Never had a hassle with their after sales service. Just a FYI


    Also I too wanted a quiet PSU for my Water-cooling setup (Jesus custom loop systems cost tons) Went through XFX, Crosair and they all had this almost buzzing noise when operating in the silent mode. Looks to be a issue with Seasonic branded PSU's where it's a crapshoot if you get a quiet one or not, some people can't hear the frequency they buzz on, but to me it was like a swarm of bees had trapped themselves in my case. Anyway long story short, found a German manufacturer BeQuiet and it finally stopped.

    Not much useful info, except avoid Ebuyer in the future.
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