Refund/Return Advice - Ebuyer.com

sjh_3

I'm not sure which is the most appropriate forum for this message but 'Anything Else' seems like a fairly safe bet.

I need some advice on returning a faulty laptop purchased from Ebuyer.com that failed just within its one year warranty and which Ebuyer want nothing to do with! I spent £1,000 on this laptop, it failed within a year and Ebuyer won't accept responsibility - meanwhile, I'm having to write this message on my brother's computer because my laptop's dead!

I have looked around Trading Standards's website but I couldn't find anything particularly helpful in their consumer advice guides, which is why I'm here... I hope you don't mind.

The timeline of events goes as follows:-

June 2004: I purchased a lovely new laptop from Ebuyer.com.
May 2005: The laptop's hard disk failed - the laptop was dead (I treated the laptop extremely well - because it was very expensive - and the fault is certainly the result of a shoddy hard disk or dodgy manufacturing process).
July 2005: I informed Ebuyer of the problem. Until this time I was without computer access (and in the middle of end-of-year exams) and hence unable to use Ebuyer's online 'RMA request' system.

Ebuyer's immediate response was... nothing. I had to e-mail them (using Ebuyer's 'Enotes' system) to ask why they hadn't responded to my RMA request after 72 hours (their promised response time is 48 hours). I received a reply shortly afterwards explaining that they wouldn't accept the return without a 'fault reference number' from Sony (the manufacturer of my laptop).

Still willing to play Ebuyer's game, I contacted Sony for the 'fault reference number'. Sony said they couldn't give me a 'fault reference number' but they gave me a 'case number'. I took my Sony 'case number' to Ebuyer (by e-mail) and then received an e-mail back from Ebuyer explaining that because I didn't report the fault within 12 months of the date of the invoice they want nothing to do with the product - they will not take it back!

I'm not sure what to do now. I've got £1,000 worth of computer sat doing nothing. I'm confident I am within my rights to at least demand a replacement, although at this point I'd rather receive a full refund and never have anything more to do with Ebuyer again!

Can anyone advise how I should now proceed? Ideally, I want Ebuyer to accept their legal obligation to accept the return of the defective product and to at least offer a replacement product (my particular laptop is no longer manufactured - not that I'd want another one after it failed so soon).

All comments, suggestions and advice most appreciated.

Thanks.

sjh

djohn2002uk

I don't think you have a leg to stand on, apart from Ebuyers goodwill, which there doesn't seem to be any.
You should have reported it in May when it happened and not waited untill July, 14months after purchase. As far as ebuyer are concerned the fault occured outside of the 12 month warranty period and you are just trying to pull a fast one.

CIS

'If the time limit has expired on the guarantee then you have no claim under the guarantee. However, if you can show that the goods were not of satisfactory quality at the time of sale i.e. they were not as durable as it is reasonable to expect, then you may have a claim against the trader or finance company (if applicable) for compensation under the Sale of Goods Act.'

Best thing to do is contact your local trading standards office and ask them for advice.

Spikecast

djohn2002uk wrote:

I don't think you have a leg to stand on, apart from Ebuyers goodwill, which there doesn't seem to be any.
You should have reported it in May when it happened and not waited untill July, 14months after purchase. As far as ebuyer are concerned the fault occured outside of the 12 month warranty period and you are just trying to pull a fast one.

How is he pulling a fast one? He couldn't contact them due to exams and he had no access to a computer which again isn't his fault/problem if the product he paid £1000 for dies. I don't see how Ebuyer or yourself can accuse him of pulling a fast one when his HDD has failed. Warrenty these days means nothing and a product such as Laptop should last more than 14 months. I had a similar problem with a Dishwasher which decided to go faulty 14 months after we bought it, we contacted Trading Standards who advised us that products such as the one in question are covered by a certain "act" which means they should last more than a year (depending on the product mind - usually 2-3 years). Just because he couldnt' contact them ASAP doesn't mean he has no right to AT LEAST get a replacement, basically if TS get involved then I can see Sony or Ebuyer offering a replacement, I would put money on you being able to at least get it replaced.

Speaking from personal experience with Ebuyer.com I would avoid them like the plague. Their customer service is terrible, I had a broken Wireless Router after round 30 days it went faulty, I contacted Ebuyer and they fobbed me off claiming it wasn't their problem and to contact Belkin. I did this and Belkin wouldn't replace it, so I was stuck with a dead Router which I could do nothing with. Luckily my mate bought one from Comet so he swapped it for me because I had no other choice. Ebuyer are fine for selling but they are utter crap for after-sales. Contact your local TS office and I'm sure they'll sort something out for you. Good luck!

sjh_3

CIS wrote:

'...if you can show that the goods were not of satisfactory quality at the time of sale i.e. they were not as durable as it is reasonable to expect, then you may have a claim against the trader or finance company (if applicable) for compensation under the Sale of Goods Act.'

Thanks for that.

I almost certainly have a case under the Sale of Goods Act, as any reasonable person would expect a new laptop to work for many years without suffering serious hardware failure.

However, I see at least three problems pursuing this course of action:-

(1) I have to demonstrate that a reasonable person would expect the product to last for 11 months+ without failure.

(2) I have to demonstrate that I didn't cause the fault by mishandling the laptop.

(3) I have to pursue a lengthy and expensive procedure, during which time I will not have a computer.

sjh

CIS

Bit more

'
Proving the fault


If you have not accepted the goods and are rejecting and claiming a full refund or damages, it is YOU, the consumer, who needs to prove that there has been a breach of contract in that the goods are not of satisfactory quality, fit for purpose or as described at the time of purchase.

If you are claiming the remedies of repair or replacement within the first six months after purchase, it is for THE TRADER to prove that the goods conformed to the contract at the time of sale.

If you are claiming repair or replacement more than six months after purchase, the burden of proof is back to YOU, the consumer.

If it becomes necessary to obtain an expert opinion to support your claim, there are procedures to follow before you employ anyone in this capacity. County Court rules say that where an expert is necessary, it should be a single, jointly approved expert, and the expert’s duty is to the court. You need to agree your choice of expert with the other party, and allow them to put their comments to the expert. Failure to follow this procedure may mean that a judge may not allow your expert to be heard should the matter eventually reach County Court. For further clarification, please seek advice from your local Trading Standards Service. '

djohn2002uk

I don't see how Ebuyer or yourself can accuse him of pulling a fast one when his HDD has failed.

If you bothered to read my post properly you would see that I emphasised that it was my opinion of ebuyers goodwill AND was underlined.
What would you do as a trader if someone brought something back to you out of warranty and said "But it went faulty before the warranty ran out"
Don't bother answering that one, I can guess it.

Spikecast

djohn2002uk wrote:

If you bothered to read my post properly you would see that I emphasised that it was my opinion of ebuyers goodwill AND was underlined.
What would you do as a trader if someone brought something back to you out of warranty and said "But it went faulty before the warranty ran out"
Don't bother answering that one, I can guess it.

It doesn't matter about Ebuyers good will or not, they sold him it and if you read my post warrenty these days doesn't mean anything, as far as the trading act goes they are still liable. If I was a trader the size of Ebuyer I certainly wouldn't wash my hands of this I would at least offer a repair or swap the item. But unfortunately online e-tailers only care about one thing and that's money. He's explained why he had to contact them so late. Your opinion doesn't count for much, it's not a fact, he's wanting to know what he can do not asking about Ebuyers goodwill. Like I said I've had issues with Ebuyer and other companies but as soon as TS get involved they are bound to backdown. In my view Ebuyer are just washing their hands of the situation and don't want to help him one bit. The only time they did was when they said it would cost a large sum.

A replacement HDD costs around £60 so that isn't exactly much is it? At the end of the day they sold him a product - yeah it's out of warrenty BUT he still has rights and he is entitled for something to be done about it.