Ebuyer ripping me off over RMA, what to do?

My ebuyer purchased graphics card failed 11 months into the warranty. There was some kind of oil leak from it and it just died. Sapphire, the makers state all warranties must be dealt with at the retailer. Ebuyer accepted the return, confirmed its the card at fault but they refuse to replace it, as its more than 6 months old instead I will get a "partial refund" under the sale of goods act 1979.

Huh?

Its not even 1 year old and they want to give me 60% of its purchase cost, but purchasing the same card today will cost me within £10 of the original price (of £239) and it will get old in the same amount of time. So I will be out of pocket of over 30% of its cost with no way to reclaim it thanks to these rip off charlatans at ebuyer.

Surely they cant do this? I phoned the CAB who seemed to say that if its in the TOC then thats ok and to read through the 2015 Consumer Rights act to see if I can make a case...is this right? Are Ebuyer taking the mick here? Surely just because they write something in their TOC it doesnt make it law?

Searching for terms such as ebuyer partial refund shows up that theyve been doing this for many years, at least 8. If I had known they were ripping people off over warranty I would never have used them.

Does anyone have a more relevant or direct suggestion what to do? I feel cheated as I will have to spend something like £100 just to get back to where I was with the same card (I do not need an uprated or newer card however even in 1 year they have moved up to a slightly newer model).

Thanks in advance for any help
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Comments

  • KeithP
    KeithP Posts: 41,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As you have found out, this is a common tactic by Ebuyer.

    Put ebuyer into the forum search facility. choose the option Show Posts to find many more threads about this.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Mad_Ad wrote: »
    My ebuyer purchased graphics card failed 11 months into the warranty. There was some kind of oil leak from it and it just died. Sapphire, the makers state all warranties must be dealt with at the retailer. Ebuyer accepted the return, confirmed its the card at fault but they refuse to replace it, as its more than 6 months old instead I will get a "partial refund" under the sale of goods act 1979.

    Huh?

    Its not even 1 year old and they want to give me 60% of its purchase cost, but purchasing the same card today will cost me within £10 of the original price (of £239) and it will get old in the same amount of time. So I will be out of pocket of over 30% of its cost with no way to reclaim it thanks to these rip off charlatans at ebuyer.

    Surely they cant do this? I phoned the CAB who seemed to say that if its in the TOC then thats ok and to read through the 2015 Consumer Rights act to see if I can make a case...is this right? Are Ebuyer taking the mick here? Surely just because they write something in their TOC it doesnt make it law?

    Searching for terms such as ebuyer partial refund shows up that theyve been doing this for many years, at least 8. If I had known they were ripping people off over warranty I would never have used them.

    Does anyone have a more relevant or direct suggestion what to do? I feel cheated as I will have to spend something like £100 just to get back to where I was with the same card (I do not need an uprated or newer card however even in 1 year they have moved up to a slightly newer model).

    Thanks in advance for any help

    Is that for a brand new replacement or a 11 month old 2nd hand one? If the £10 less price is for a new one, its irrelevant. If its for a 11month old 2nd hand one, then use that to argue with ebuyer that they should be refunding more.

    Ebuyer are notorious for this.


    Legally, a retailer is allowed to make a deduction from the refund after the first 6 months from purchase to account for the use you have had of it.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Mad_Ad
    Mad_Ad Posts: 3 Newbie
    edited 22 November 2017 at 9:53PM
    KeithP wrote: »
    As you have found out, this is a common tactic by Ebuyer.

    Put ebuyer into the forum search facility. choose the option Show Posts to find many more threads about this.
    Ebuyer are notorious for this.


    Legally, a retailer is allowed to make a deduction from the refund after the first 6 months from purchase to account for the use you have had of it.

    Thanks guys, the more I read the more I see complaints about exactly this. Thing is, a graphics card doesnt wear out per se, it should still work at the end of its warranty just as well as it did when it was new, so its arguable that 'the use you have had of it' is a moot point when an electronic item tends to work just as well throughout the whole of its life.

    So now if I want a card of a similar standard (as they promised to repair it initially) I have to sub up money to buy one, just to get my PC back to the same standard it was before it failed. Thats so far from honouring a warranty its frustrating.

    No doubt they will still return it to the manufacturer themselves and get a credit/return for another one that they can sell for a tidy profit.

    So im ripped off again :/ Mainly I feel annoyed that I didn't know Ebuyer were such dishonourable charlatans.

    As they have clearly been at this trick for at least 8 years they are probably used to people screaming sue/court/abuse about it so will be hardened already to any reply I may make, do I really have no legal recourse to this totally underhanded tactic?

    Has anyone taken them to court before? Even if they failed it would be nice to see what happened.
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    Mad_Ad wrote: »
    Thanks guys, the more I read the more I see complaints about exactly this. Thing is, a graphics card doesnt wear out per se, it should still work at the end of its warranty just as well as it did when it was new, so its arguable that 'the use you have had of it' is a moot point when an electronic item tends to work just as well throughout the whole of its life.

    So now if I want a card of a similar standard (as they promised to repair it initially) I have to sub up money to buy one, just to get my PC back to the same standard it was before it failed. Thats so far from honouring a warranty its frustrating.

    The point that you are missing is that your graphics card failed at 11 months old. So you use that money to buy an 11 month old second hand graphics card and you won't have to pay any more for it, in fact your likely to have money left over. This means you will be in the same position before it failed.
  • flashg67
    flashg67 Posts: 4,118 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I know they can make a deduction, but who decides what's fair - is this a random figure ebayer pluck out of the air? How long would a card be expected to last - ebuyer seem to be suggesting 2 years at that rate?
    I've used ebuyer for years - has made me think twice now.
  • takman wrote: »
    The point that you are missing is that your graphics card failed at 11 months old. So you use that money to buy an 11 month old second hand graphics card and you won't have to pay any more for it, in fact your likely to have money left over. This means you will be in the same position before it failed.

    No, the point is second hand RX480 Nitros are still holding their value at or over the £200 level.

    EDIT: I did post a link to the ebay completed auction list for Sapphire RX480s but as I have had to make a new account I am not allowed to post links yet.


    Apart from one outlier at 150 all of the sold cards are 200 and above, mostly above, therefore anything less than ~90-95% refund will be inadequate to even cover its cost.
  • Carrot007
    Carrot007 Posts: 4,534 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Mad_Ad wrote: »
    No, the point is second hand RX480 Nitros are still holding their value at or over the £200 level.

    EDIT: I did post a link to the ebay completed auction list for Sapphire RX480s but as I have had to make a new account I am not allowed to post links yet.


    Apart from one outlier at 150 all of the sold cards are 200 and above, mostly above, therefore anything less than ~90-95% refund will be inadequate to even cover its cost.

    And what did ebuyer says when you countered with this eveidence.

    Not that you know the age of any of the cards as people tend not to mention it.

    It's a hard science reducing for age. ebuyerdo tend to be harsh. I think 80/85% is a resonable refund after 11 months for such an item. But hey that's just my view.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    perhaps another tact.
    Enquire about the refund and return of the card?
    Another £50+ easy on selling the card.
  • zaax
    zaax Posts: 1,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks for that I was going to buy a graphics card from them for my new gaming rig, but I won't now.
    Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    flashg67 wrote: »
    I know they can make a deduction, but who decides what's fair - is this a random figure ebayer pluck out of the air? How long would a card be expected to last - ebuyer seem to be suggesting 2 years at that rate?
    I've used ebuyer for years - has made me think twice now.

    Deductions don't have to be linear. Especially with electronics which tend to lose most of their value in the first year or two.

    I certainly wouldn't buy from them though - given past threads on here it seems ebuyer will refund even when the manufacturer is offering to repair/replace.

    custardy wrote: »
    perhaps another tact.
    Enquire about the refund and return of the card?
    Another £50+ easy on selling the card.

    Why would anyone buy a failed graphics card?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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