overclockers will not change my graphicscard... PLEASE HELP!!

[sequenci]

i have had 2 go faulty... i really wish to have an alternative product. also when i bought the device it stated on their own website that it would have 2 dvi connections whereas it only had one. at the time i just decided to get on with as i had alot of work on but now i really wish to have a card with 2 dvi connections.

their reply is >>

Dear david,

As I have already stated to you sir, you can not use an item (To which you accepted) for 4 months and then expect us to give you a new card. We can replace it like-for-like.

Regards,

Matthew Street
Technical Support
Overclockers UK
www.overclockers.co.uk

[sequenci]

now they have sent me this >>

Dear david,

As per mathew's reply, we can only replace like for like. The distance selling act allows 7 working days for inspection and return of godds Sir. The card was originally ordered 4 months ago.

I consent that two faulty cards causes you inconvenience but we sell literally thousands of the cards every month and have had only 20 or so failures. The card will be replaced for you, under warranty, for a like for like replacement.

We do not "Lie" on our website listings. Specifications of products in the I.T. components world can change on a weekly basis and it is extremely difficult to monitor every single product across a range of products numvering in the thousands. You'll struggle to find a componay that doesn't suffer this problem.

[Rich44]

I would say that if you have had 2 failures then you have given them fair opportunity to repair/replace, it's not your fault this has happened why should you be repeatedly penalised.

As for the 7 days well yes I agree with them if you were returning the item just simply because they mis-sold it after 4 months then you would be deemed to have accepted the missing DVI connector on the goods.

Considering that you have had the 2 seperate faults now I would quote the Sale of goods act at them and say i'll have a refund then as the goods are deemed to be inherrently faulty and you have given them ample opportunity to sort it out (which they have done to their credit) but now you have lost faith in that product.

Perhaps it would be worth offering to pay a slight increase to change to a slightly more expensive product (say no more than £10) this could give everyone a chance to "win" and Overclockers could be seen to not be losing face over it.

If they then refuse to do anything except exchange again then I would contact TS and take it from there.

As for keeping track of changes in specification manufacturers DONT just change specs like that and if they do they invariably change the model number slightly to reflect a lower clock speed, different RAM or only one DVI port. Not to mention I manage to keep specifications updated ok on our site and other sellers manage too so not convinced on that claim either

[thecornflake]

The faulty items are definitely covered under the Sale of Goods Act.

The 7 days they quote from the Distance Selling Act is a cooling off period, and would be relevant if you do just want a different card. See here for more info -
http://www.oft.gov.uk/Business/Legal/DSR/default.htm

This doesn't affect your rights under the Sale of Goods Act if the goods are faulty.

I'm not sure how this relates to the product description being incorrect. You could probably argue that you didn't use the DVI connection straight away and therefore didn't notice there was only one, but now you want to use them and have discovered the inconsistency.

You may want to check out the Trade Descriptions Act as I'm not sure how about time limits for claiming. If they are still listing the item incorrectly it is covered under the act as an offer to supply goods.

Trading standards will probably be able to give you advice on how to proceed with the TDA.

[Niklowe]

time limits for claiming

Can be up to six years depending on the product. You wouldn't expect a lettuce to last 6 years but you expect a graphics cards to at least last a few years