Ebuyer - RMA'd graphics card (no signal, 3 months since delivery) - right to replace or refund?

random_brad

Background - I tried and failled to be brief...
So, I bought a graphics card from ebuyer a couple of months ago. I installed it myself and had no issues with it until mid November when it stopped sending any signal to the monitor and wouldn't boot on any motherboard. I spoke to ebuyer to RMA the card, after a few days of diagnostic questions and delays from the courier. Its since been returned to them anyway. They've take 3-5 days to review and when i chased it up they tell me its been sent back to the manufacturer for warranty repair and could be up to 28 days for either a repaired card or a new one. My request was direct replacement but I believe they're within their rights to attempt a repair according to the 2015 consumer rights act.

For me, having my newly built computer out of commission for what's looking like its going to be the better part of two months is ridiculous and more than a little inconvenient. Especially factoring in that they may return a repaired card with little time left within the 6 month period should I need to return it again. I was having a read around on the 2015 consumer rights act to see what options I might have before I send them anything further. From reading I believe they get a single attempt to try and repair the card at which point I'm eligible for either full refund or a new card. That said, I wanted clarification on a couple of points on section 23 around the right to repair or replacement.

I'm unable to post links as I'm a new user but I was able to find the "2015 UK consumer rights act" through google using the terms in quotes. 

Question
1) Most of the interpreted info suggests that the trader must be given an opportunity to repair. As I read the act though its states that the trader  "...the trader must— (a) do so within a reasonable time and without significant inconvenience to the consumer..". It also mentions that the cost on the trader can't be disproportionate compared to the alternative option, i.e. repair vs replacement but only were the chosen option isn't significantly inconvenient to the consumer. In this instance I consider it to be both an unreasonable time and very inconvenient. Though from what I can see nothing specific time wise is mentioned or on "convenience".

Does this give me the right to demand a refund or replacement given the time taken to repair the card is nearing the 2 month mark, and has left me without a working computer for that time? Has anyone any experience arguing the inconvenience of the repair time on RMA requests?

2) I'm unsure if I can claim on section 75 for a refund via my credit card company as well? There is a manufacturer warranty on the part for instance but I'm not certain if this means section 75 cannot apply in the case of a fault like this?

I'm holding off for a moment before I send a reply to ebuyer buy any help or advise anyone can provide would be much appreciated.

Thanks in advance

Sandtree

1) What actual inconvenience is it causing you? Are you unable to work? Having to go to the bank every few days to pay bills rather than being able to do them online?

2) S75 simply replicates your rights to the card company, assuming you didnt pay with PayPal etc, and your bank equally can require it to be attempted to repair first but only its got through their backlog of cases to be reviewed.

HeinzVarieties

If you hadn't noticed there is a significant shortage of graphics cards at the moment so you might want to give them a little more latitude than normal, plus if they do refund you (which would be the only outcome you could insist on) is there stock readily available elsewhere?

That being said Ebuyer is well known for sticking rigidly to the CRA at best so in future, don't buy from them.