Ex-Display Graphics Card Fault

nige32

Hi,

I wonder if anyone can tell me the exact position I am in with regards to consumer rights.

I purchased an ex display graphics card for £630 from an online retailer. I'm not going to mention their name just yet in case they see sense. The item specified a 90 day warranty on it. Within the 90 days it developed a fault, and I returned it to them. Their technicians tested it and "found no fault", and returned it to me. I received the item and soak tested again myself in another computer, and sure enough found exactly the same faults that I had originally raised. Upon calling them, they now say the warranty period of 90 days has passed and as such I can no longer return the item!

Where do I stand because this is a really expensive item!

Thanks

KeithP

nige32 wrote: »

Hi,

I wonder if anyone can tell me the exact position I am in with regards to consumer rights.

I purchased an ex display graphics card for £630 from an online retailer. I'm not going to mention their name just yet in case they see sense. The item specified a 90 day warranty on it. Within the 90 days it developed a fault, and I returned it to them. Their technicians tested it and "found no fault", and returned it to me. I received the item and soak tested again myself in another computer, and sure enough found exactly the same faults that I had originally raised. Upon calling them, they now say the warranty period of 90 days has passed and as such I can no longer return the item!

Where do I stand because this is a really expensive item!

Thanks

You have a statutory right for up to six years to seek a remedy from the seller.

During the first six months any fault can be assumed to be inherent and it is for the seller to prove otherwise.

It looks like the seller is hiding behind the warranty and he cannot do that.
No warranty, nor any other seller terms, can deny you your statutory rights.

Explain this to the seller, forcibly if necessary.

How did you pay for this purchase?
By credit card I hope?

This looks like an Ebuyer tactic.

nige32

Wow - you managed to guess the online retailer so they obvious have form for this kind of behaviour.

Thanks for your update - it will certainly help me. And yes it was purchased using credit card.

KeithP

nige32 wrote: »

...yes it was purchased using credit card.

Then the credit card issuer are equally responsible for performance of the contract.

Have a read of MSE's Section 75 article for further details.

Ebuyer's next tactic is likely to be partial refund, claiming they are allowed to do that under the Consumer Rights Act.
If they try that, remind them that if any refund is offered it must be a full refund during the first six months following the sale.