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

FunnyMunny

Any more comments please?

I'd like to be sure I've explored all avenues before I return it.

frugal_mike

If your credit card provider has misinterpreted the law when rejecting your Section 75 claim then you can appeal to the financial ombudsman. As pointed out by others The Sale of Goods Act applies with a Section 75 claim just as much as it applies to a claim against the retailer so the credit card supplier cannot put the burden of proof on you for faults within the first six months from purchase.

shaun_from_Africa

Personally, I think taking it up with the financial ombudsman would be pointless.
Even though the credit card issuer appears to have made a mistake regarding the 6 month onus regarding the fault, the fact still remains that the retailer is still abiding by their SOGA liabilities by offering an exchange for the faulty PSU.
Under S75, the credit card company is equally liable but even if the ombudsman tells them (the card issuer) that they must provide a resolution, there is nothing to stop the card issuer from arranging for ebuyer to send a replacement PSU on their behalf.

frugal_mike

If the replacement is silent as advertised then I would agree, but if its not possible for the replacement to be silent because of a design fault then a replacement won't cut it.

FunnyMunny

OK people, looking at your replies and my interpretation of how this works, I think I don't have a choice other than returning the PSU for another one, unfortunately.

Also, interestingly, I see this model is still being sold in all the usual places many months later - and the price has actually gone up! - so I reckon it might still be in production after all and not been replaced by the AX1500i.

This implies that I might actually get a newer revision of it that doesn't have this fault. Such a newer revision was alluded to in the Corsair forum I linked to above, but unfortunately, it wasn't possible to nail it down with a product code, change order etc. This is what lead me to try and do the section 75 with the credit card company to avoid an exchange merri-go-round hassle.

At least the credit card said that if the replacement still has the same fault, then it will make my case much stronger and I'll finally get my refund.

I'll update you when I get that exchanged PSU. Thankyou all for your help! :beer:

chickendipperbabe

since its been more than 6 months since you purchased the power supply, if you open an RMA request with Ebuyer there's a good chance, near certainty that you'll be fobbed off with their proportionate refund policy, no repair and no replacement. I commented earlier on and someone else has also chipped in saying the same thing, they are notoriously deceptive when it comes to returns.

If you can, deal directly with the manufacturer and NOT ebuyer.

FunnyMunny

Well, I reported the problem before the 6 months was up, so that shouldn't apply... but then again this is Ebuyer, so it wouldn't surprise me if they try pulling another dirty trick.

At the moment, the idea is to get it swapped out for another unit, properly working this time. If it's not, then the credit card company will very likely give me that refund.

I have thought of dealing directly with Corsair, but I'm not sure if that is the best choice, since the responsibility rests with Ebuyer. Doing so may therefore give them and the CC company an out, which I must avoid.

visidigi

If I were you, the only guarantee of a swap out is directly with Corsair.

I wouldn't even risk ebuyer for a chocolate biscuit on this one.

FunnyMunny

That's fine. I hope they screw up so I get my refund from the credit card company.

chickendipperbabe

Yes it is Ebuyer's responsibility but they're far from a responsible company when it comes to dealing with customers and returns over six months old. I've been down this road myself along with other people I know.

The most likely scenario will be (if they deem it to be faulty) they'll initially agree to replace it but once they've collected it and have it back in their possession they'll issue a proportionate refund and link you to their T&C's - it wont be a full refund. Ebuyer will then return your faulty PSU to the manufacturer for stock credit / new replacement which they then sell on at full price, this is how they operate and they're legally allowed to do so.

Be careful and good luck!