64% cut from Partial Refund while in Warranty
Hi all need some clarification on what my rights are regarding a fault with a product.
I bought a Graphic Card for £1400, and after many emails back and forth to the retailer, who I expected to deal with the fault I have with the product, I have been told my market value on the item is only £509, which is 34% of RRP and still in warranty for another 13 months. This item was a top spec model, and I would argue should last minimum of 3 years manfucturers warranty and way more beyond that.
I found that the retailer was trying to offer me a refurbished model that has no history of whether it was a display model, a restocking fee or dropped down the stairs by a previous owner, the retailer does not know. Unlike cars, GPUs don't exactly have a MOT history.
Now I looked on the website and they had this same refurbished card for £800 hidden in the direct searches (not listed in categories), and the model they had was £350 cheaper than the alternative cooled product (£1,150) both are refurbishes and both are identical in terms of performance. I enquired about why the card was cheaper and is this due to 'condition' and was later told "no, the price doesn't reflect the condition", which I was then told yesterday by another person over the phone, "it 'may' reflect the condition of the card". So I was lied to.
The last person I spoke with, stated "it's cheaper because we're losing money on it", I did suggest that "how can one model lose money and the other stays high, is the box it comes in blocking the warehouse door?", they have no humor at this retailer.
Not being satisfied with a refurbishment with no history, I asked for an exchange of another model or a fair refund, I was offered only £509 inc VAT.
I then emailed to say this refund was highly unfair as I can't even get within 80% of what I had previously for that value in terms of another product to replace it. Even the second hand market of the same card with no warranty and "used for mining" starts at £650, I feel they are giving me a low partial refund to force me to go elsewhere, or take the unknown condition product from them.
When I questioned why I wasn't offered the same value they have for a card, it was "it's based on your usage and warranty", and when I retorted with, "so whats the usage on that model you have?", they couldn't answer.
I have now been told because I opened my Graphics card up to repaste and use a different cooling solution for 23 months. (The manufacturer allows this) And only now noted the stock fans were faulty after reinstalling the stock fans last week, they now need "manufacturer needs to look at it and make sure your cooler didn't break it", And yet before they offered to swap to "cut out the middle man" and only after I made a fuss about the absurd refund evaluation, did they need to send it off, despite me informing them before that I swapped the cooler, as I am allowed to. The cooler I used, was on the same order as the GPU, so they are fully aware of this cooler used.
The GPU is working but the fans are stuck at 100%, and this is a well known fault with the product (google "3080ti FTW3 fans stuck 100%") and I suspect this fault was there at day 1 of receiving the goods, I never tested the stock cooler till last Tuesday, so that's a oversight on my part. But the argument the retailer has made is "we won't test the card to see the fans are stuck, until the manufacturer looks first", when in reality, all the etailer would need to do is plug it in to a machine, switch on and see it "works" aside from the fans at 3000RPM, it's not rocket science, but they seem to think it is, but only now after I saw and commented they were trying to trade up using my card.
I feel the retailer is being malicious and now wants me to go away rather than deal with the warranty they should uphold. And I would argue that by offering me only 34% of it's original value, they can resell it after sending it themselves to the manufacturer. It's a well known trick e-tailers do.
So really I'm looking for any other caveats I can use to bolster my consumers rights/SoGA, I plan to send a email to the retailer and ask for mediation and state the facts, and get a suitable outcome, is there anything anyone could suggest? I appreciate any advice.
★ ★ ★ Meet your Ambassadors
- All Categories
- 338.7K Banking & Borrowing
- 248.6K Reduce Debt & Boost Income
- 447.5K Spending & Discounts
- 230.6K Work, Benefits & Business
- 600.7K Mortgages, Homes & Bills
- 171K Life & Family
- 243.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards