"No longer part of an ADR scheme due to not being part of the EU" ?

BogBeast

Hello.

In a dispute with eBuyer over a replacement graphics card (they refuse to replace a failed one as per warranty statement and want to give me a refund of cash, despite a suitable card still being available...)

Using resolver (seems very good), still deadlocked so I have read the Resolver "What to do beyond Resolver"  page and have asked for their ADR provider as per:

"Once an internal complaint process is exhausted, businesses must give the consumer details of a certified ADR provider and tell the consumer if they are willing to use them."

Ebuyer are telling me that they "No longer part of an ADR scheme due to not being part of the EU". Since this was introduced as part of the Consumer Rights Act 2015 this sounds like a garbage fob-off.

Am I right? or doe the resolver page need updating?

Bradden

If I have understood this correctly.. they have already offered to refund for the the faulty card what else do you want them to do?

theonlywayisup

If you are claiming on the warranty then you are bound by the terms the warranty giver has laid out.  If that includes a refund then that is what you have been offered and it's case closed.

Your Consumer Rights are nothing to do with your warranty.  

Which are you claiming on?

Resolver is nothing but an online portal for all your emails/letters. 

BogBeast

I purchased the card for £585, the card failed after 6 weeks and they accepted it as an RMA. They loaded a replacement order but never dispatched it to me, due to the GPU shortage, which I understood.

6 months later still no GPU (and 0 comms from ebuyer), so I start chasing as I can see GPUs in stock, but they refuse to send me a replacement. Same chipset card is now over £1000, so I can see why they don't want to send me one...  But as the GPU vendors warranty statement is pretty clear about receiving a replacement card.

• Products sent in for RMA will only be REPLACED with another product of EQUAL OR GREATER IN PERFORMANCE (based on availability).

Not sure I should need to pickup the additional 5/600 quid for a warranty replacement..

Bradden

Do they have the same GPU as you onignally purchasded available? If so I can understand your frustration.

mattyprice4004

Your rights are against eBuyer - and the Consumer Rights Act allows the retailer to choose the remedy (refund / repair / replacement). 
You can request one of these, but the retailer has the ultimate choice - and if they want to refund that's their prerogative. 

Market forces aren't eBuyer's concern; your rights as a consumer are and they allow eBuyer to refund you as a resolution. 
You're getting back what you paid, current values are irrelevant. 

With regards to an ADR the retailer doesn't have to use one - all 3 large companies I worked for don't use an ADR. They're not a legal requirement. 
The critical part of your copy and paste is the phrase 'and tell the consumer if they are willing to use them' - no, they're not willing to use them, so that'll be that. 

BogBeast

Bradden said:

Do they have the same GPU as you onignally purchasded available? If so I can understand your frustration.

Not the *exact* model/PN .. They tend to churn them regularly, but exactly the same chipset (AMD 6800) and spec from the same vendor in the same market segment

Andy_L

https://www.ebuyer.com/terms/returns-policy

"Items Faulty after 30 days

If any of your purchases develop a fault, and it's more than 30 days since receipt, then provided your item is within its warranty period, you are entitled to a warranty repair. If you prefer Ebuyer will always accept your item back within the first 12 months to assess the fault. If the item is faulty, we'll fix it, replace it or give you all or some of your money back depending on how long the product might reasonably be expected to last"

theonlywayisup

Have you got a link to their warranty as reading their T&C I don't see the same as you.

BogBeast

Its the Powercolour warranty

Cant post full links but:

powercolor.com/rma

Bradden

I think you are confusing consumer rights and warranties.

Do you have anything in writing from the retailer where they offered to replace the card once stock was available.