i bought my graphics card (PC part) in October and the Part isn't usable because it is broken.

I sent it to Ebuyer for an RMA on the 29th January

I've had to chase it up 3 times since then since their turn around is supposed to be 3-5 days

10 days later I still hadn't heard anything back.

The 3 times I've called (after the 5 day period) I was told the card was given to another member of staff "with experience with such things"

then today after being on hold for 50 minutes I was told my card is being sent to Hong Kong and to expect a 28 day wait AFTER they receive it.

that will be a 2 and a half month turn around for an RMA when they state on their site,

you can choose direct replacement and it'll take between 3-5 days.

I sent an email with the information below:

I bought the card using finance from Close Brothers Personal Finance and I'm still paying for something I have no access to.

I read the Consumer Rights Act 2015, part 1, chapter 2, section 23 - right to repair or replacement

and in that it states;

(3)The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—

(a)is impossible, or

(b)is disproportionate compared to the other of those remedies.

 

Also

 

(4)Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—

(a)the value which the goods would have if they conformed to the contract,

(b)the significance of the lack of conformity, and

©whether the other remedy could be effected without significant inconvenience to the consumer.

 

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

(a)the nature of the goods, and

(b)the purpose for which the goods were acquired.

in response to (3): In no way did i say to them i wanted the graphics card repaired. In 95% of cases they can't be repaired due to the nature of their manufacturing process. I clicked the option that states on their site "Direct replacement"

In response to (3,b): How exactly is a direct replacement disproportionate since the retailer would get either a replacement item or a refund for the item?

How is it disproportionate to expect a direct replacement when on your site it asks what you want as an outcome and i selected direct replacement?

In response to (5): i bought the graphics card for heavy 3D rendering work which I do as a side job in my spare time and haven't been able to make money since this.

I was expecting a replacement in 7 days not 2 and a half months.

And this is the reply I got to the email i sent:

Good Afternoon,

 

The relevant information has been reviewed and advised that we do not always get reimbursed from the manufacturer and this is disproportionate to us hence why your item is being returned to the manufacturer for repair.

 

Apologies for any inconvenience this may cause.

 

Palit (the card maker) states on their website that if the card wasn't bought from them the retailer is responsible for RMA requests.

how does a retailer as big as Ebuyer think this is acceptable behaviour.

Surely under UK law Since it's under 6 months old and it was bought on finance and it's an electronic good surely there are protections in place for this sort of thing past what I've already posted because apparently they can just shoo that away?

What am i supposed to do here?

I feel like this is an utter joke.

I had no communication, no warning, they changed their own terms to suit themselves and I'm without my £1300 purchase (that i'm still paying for without access to) due to what can only be described as a manufacturing problem with the card and their absolute lack of customer service?

I honestly feel stuck and like I'm being played for a fool.

Someone please help.

under the consumer rights act the item is outside of the short-term-right to return deadline of 30days for online purchases.

however it is within the 6mts whereby you don't have to pay someone to give you a report proving its faulty.

its for the retailer to do and pay for this..hence them sending it to the manu to perform that task.

they are allowed one repair, if that fails then its replacement time.

the fact that you are paying for this over staggered finance makes no odds sadly.

infact its probably to your advantage.

Hi thanks for the reply and information.

What do you mean it's probably to my advantage?

Thanks

well you've not shelled out for the full value

and ofcourse being a consumer credit agreement, it gives you powers to cancel the whole thing if things don't workout in the end.

TBH you seem a bit like me, I build stuff all the time and sadly have likewise been caught out by so called UK traders that in truth only operate using a small stock of things and are nothing more than drop ship operators.

though not through ebuyer, I had one card go down at 3mts, that had to be shipped to Hong Kong

again stating up-to 28days etc etc

I got a new card direct from them in 10days and a 50% discount voucher valid for 5yrs.

wait and see.

Fingers crossed they don't try and shaft me.

Cheers for the reply, made me feel a bit better about the situation.