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Sale of Goods Act vs. Manufacturer Warranty - think I'm being shafted by ebuyer

13

Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kushan wrote: »
    Well here's the latest response from their complaints department:



    Thoughts? Next steps to take?

    Take the partial refund that you posted in the OP .
  • eBuyer lately seem to have been incredibly stingy when it comes to refunding returns or late delivery.
  • Kushan
    Kushan Posts: 72 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    JJ_Egan wrote: »
    Take the partial refund that you posted in the OP .

    Why? That seems like giving in and they're not honouring what they sold.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 February 2015 at 1:14PM
    I understand that the item is still within warranty, however as mentioned above in line with the Sale of Goods Act 1979 (as amended) as the item is now over 6 months old we are entitled to issue you with a partial refund if we’re unable to provide a repair or a like for like replacement.
    Although yes, they are well within their rights to offer a partial refund and tbh their refund seems reasonable if it was just an "unsatisfactory quality" issue. However I'd push back on the bit about the warranty as evidently the drive is NOT within warranty and thus sold not as described.

    Have you provided evidence to ebuyer that shows the manufacturer won't honour a 2 year warranty on this drive?
  • Kushan
    Kushan Posts: 72 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    neilmcl wrote: »
    Although yes, they are well within their rights to offer a partial refund and tbh their refund seems reasonable if it was just an "unsatisfactory quality" issue. However I'd push back on the bit about the warranty as evidently the drive is NOT within warranty and thus sold not as described.

    Have you provided evidence to ebuyer that shows the manufacturer won't honour a 2 year warranty on this drive?

    I agree, if the drive was out of warranty then I'd be satisfied with the partial refund. I have the details from Toshiba but ebuyer has not requested them from me, so I've not sent it to them yet. I'll push on the Manufacturer's warranty side of things and supply the email from Toshiba if I need to.

    If they can convince Toshiba to repair the drive, I'd be happy with that as well.
  • Nilrem
    Nilrem Posts: 2,565 Forumite
    Part of the Furniture 1,000 Posts
    neilmcl wrote: »

    Old School! I've not seen one packaged like that for years :)
    Mind you I normally go for Seagate or WD* and on the Dabs site out of 181 internal 3.5" magnetic drives only one seems to be traditional retail packaged.


    *I forgot Toshiba even do drives under their own name (they don't make them).
  • Kushan
    Kushan Posts: 72 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Nilrem wrote: »
    Old School! I've not seen one packaged like that for years :)
    Mind you I normally go for Seagate or WD* and on the Dabs site out of 181 internal 3.5" magnetic drives only one seems to be traditional retail packaged.


    *I forgot Toshiba even do drives under their own name (they don't make them).

    If it's of any bearing on this, the drive I ordered from them did not come in a retail box like that. It was good old cardboard and anti-static plastic.
  • zaax
    zaax Posts: 1,914 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 13 February 2015 at 5:32PM
    Reading that link to the Wayback machine (keep a print a copy of it) you have a case, if they don't play ball LBA them and Money claim online
    Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring
  • cinereus
    cinereus Posts: 2,707 Forumite
    Part of the Furniture 1,000 Posts
    How did this end?
  • boo_star
    boo_star Posts: 3,202 Forumite
    Part of the Furniture 1,000 Posts
    cinereus wrote: »
    How did this end?

    The OP last posted on the 13th of Feb.

    It's unlikely they'll even be around to respond now.
This discussion has been closed.
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