Ebuyer - returning a replacement item

jtalep

So in August I bought a mobile phone from Ebuyer. It developed a fault outside the initial 30 day period, so I raised a return with them. After some of the usual 'the manufacturer will deal with this not us' debate, they agreed to deal with it and replaced it.

I received the replacement 2 weeks ago and despite it being a brand new item, it's developed the same faults. I've raised a return through their website and requested a refund this time, but it's gone to 'managers referral' status. I'd ring and ask them, but bizarrely their phone lines don't open at the weekend.

What are my rights on this with it being a replacement item? I've read through their returns policy and the usual stuff about faulty items online, but seen nothing about how my rights may be affected if it's a replacement item. Am I still entitled to a refund as it's within the first 30 days of receiving it? Or does that not apply with replacement items? I just want to be prepared for when I ring them tomorrow, they were very reluctant to deal with it last time and wanted to palm me off to the manufacturer, so I'm expecting them to be even worse if I'm requesting a refund.

unholyangel

Its 30 days from purchase - doesn't reset for replacements however if you reject within 30 days and they are repaired/replaced, the 30 days stops running from the day you agree to their replacement and doesn't start again until they provide goods in response to the repair/replacement. Then you have the remainder of 30 days or 7 days (whichever is longer) to reject for a refund.

After that, you would normally be looking at a repair or replacement but the retailer is only allowed one attempt - if the goods still don't conform to contract after being repaired/replaced, you then have the option of exercising the final right to reject (not to be confused with the short term right to reject which has the 30 day limit on it).

If its within the first 6 months of purchase, its up to them to prove the lack of conformity is not inherent (after 6 months it would be for you to prove it is).

shaun_from_Africa

If ebuyer do accept that there is a 2nd fault and they agree to a refund, they may well attempt to give you back less than you paid.
This is because the Consumer rights act allows retailers to make a deduction from the refund to cover the time that you've had use of the goods.

Although this should only happen once you've had the item for more than 6 months (except for vehicles), ebuyer have been mentioned on this forum before for attempting to reduce the refund before the 6 month period has been reached.