offered partial refund as item over 6 months old?

bobcar

Hi there

I just wanted to ask a question regarding an item that has stopped working properly and has been returned under warrenty

The HDD in my computer has developed a fault and I have returned it to the company I bought it from to have it repaired or replaced.
The hdd is still under the 2 year manufacturers warranty, I received an email from the company I bought it from telling me the following:

''As per our terms and conditions and in line with the Sale of Goods Act 1979, as this item is over 6 months old you will only qualify for a proportionate refund of the original purchase price''.

I just wanted to know whether this is right? I havnt had this happen to me before. On the rare occasions when I have had items returned under warranty I have had said item repaired, replaced or fully refunded.

I hope someone is able to offer advice as to is the company is right in what they have said.



Many thanks

powerful_Rogue

bobcar wrote: »

Hi there

I just wanted to ask a question regarding an item that has stopped working properly and has been returned under warrenty

The HDD in my computer has developed a fault and I have returned it to the company I bought it from to have it repaired or replaced.
The hdd is still under the 2 year manufacturers warranty, I received an email from the company I bought it from telling me the following:

''As per our terms and conditions and in line with the Sale of Goods Act 1979, as this item is over 6 months old you will only qualify for a proportionate refund of the original purchase price''.

I just wanted to know whether this is right? I havnt had this happen to me before. On the rare occasions when I have had items returned under warranty I have had said item repaired, replaced or fully refunded.

I hope someone is able to offer advice as to is the company is right in what they have said.



Many thanks

Claiming under warranty and the Sales of Goods Act are two different things. However if you purchased it only 6 months ago its the Consumer Rights Act that will apply.

Under warranty they can stipluate and conditions they like - Such as you must send off a chocolate cake with marshmallows on top along with the faulty item......I think you can see where im coming from with this.

In regards to the Consumer Rights Act, you need to contact the retailer, not the manufacturer, as thats who your contract is with.

As its over 6 months old, they could ask you to prove the item was inherently faulty. This can be done via an independent report, which if proves the item is inherently faulty, they will refund the cost of the report and provide a remedy. If they offer a refund, they can take into account the 6 months use and deduct according.

Who did you purchase the HDD from?

Edit - Just seen that you did contact the company you purchased the item from. How much did you pay and how much are they offering as a refund?

unholyangel

This isn't ebuyer is it? Just they seem to be the retailer in question when people post these circumstances.

Yes they're allowed in law to do that - in fact under soga, they can make a deduction to account for usage you have had even when its not more than 6 months. Under the new consumer rights act they can only make a deduction if its over 6 months.

bobcar

Hi guys

Thanks for the rapid responses.

Yes the company is ebuyer, it is over 6 months old so by the sound of it they are entitled to do so.

I guess I will have to suffer it I was just surprised to get the response I got as made the logical, if incorrect assumption that a warranty was a warranty. I have never experienced this with any other company. Seems quite petty and unfair. I guess we live and learn

Thanks again

bod1467

What'll matter is what deduction they're proposing. Knowing Ebuyer it'll be significant (most likely), and they'll then return the product to the manufacturer under warranty to get a replacement for their stock.

Maybe contact the seller to return the HDD to you so you can contact the manufacturer and invoke the 2 year warranty yourself?

bobcar

They don't even say how much they are proposing to refund just that it will be partial. Really disappointed.

When I contacted them to inform them that it wasnt working they initially told me that it only came with a years warranty. When I challenged them on this they agreed that it was indeed 2 years. You would have thought that they could have mentioned that it would only be partially refunded when I called. I guess I wont be buying from Ebuyer again

CoolHotCold

Yep Unholyangel, read OP and was thinking "Has to be eBuyer". In the past 3 to 4 years they've really gone downhill on their aftersales support. I guess as margins are razor thin on most components they make it up by resorting to "legal" but uncommon practices.

wealdroam

I am not too sure that getting the HDD back from Ebuyer and then trying to invoke the manufacturer's warranty direct with the manufacturer will work.

A number of disk manufacturers state in their warranties that warranty claims should be made with the seller - Ebuyer in this case.
They can get away with this because a warranty is in addition to your statutory rights and can include such a term.

Zandoni

I stopped buying from Ebuyer a few years ago because of this poor customer service.

The-Truth

Zandoni wrote: »

I stopped buying from Ebuyer a few years ago because of this poor customer service.

Who do you suggest now then? I'm a great fan of Amazon/Flubit/eBay myself.

bris

The-Truth wrote: »

Who do you suggest now then? I'm a great fan of Amazon/Flubit/eBay myself.

Problem with those sellers is once Amazons 30 days are up your on your own with the third party sellers and that's never good.


Fleebay is the same but never used Flubit.


I have had terrible customer service from both Scan and the worst was Overclockers.


Funnily enough I have never had an issue yet with Ebuyer or Dabs.


The all use the partial refund clause though so don't expect any to be any different in that respect.