First time poster having problems with Ebuyer.com

[rebel11]

The problem is that you'll start sounding like an expert and not a consumer. The 'time limits' still stand as a barrier.

 

I just used GPU-Z, it's software that saves logs from the sensors onboard the card, nothing more. Should I still not bother?

[aneesh99]

Alright, well, I just got an email saying that the manager would get to me within 48 hours so I'll see where this goes.

[rebel11]

O.K. lets see what he says.

 

Alright, well, I just got an email saying that the manager would get to me within 48 hours so I'll see where this goes.

[aneesh99]

Still refusing a refund. She said she would allow to replace it with any card of equal value but at this time, Ebuyer are overpriced and have nothing I want. Even kept denying the SOGA stuff when I brought it up. Now what?

[rebel11]

Why did you speak to them over the phone?

 

http://www.which.co.uk/consumer-righ...-of-goods-act/

 

Again send the letter Recorded.

 

 

Still refusing a refund. She said she would allow to replace it with any card of equal value but at this time, Ebuyer are overpriced and have nothing I want. Even kept denying the SOGA stuff when I brought it up. Now what?

[aneesh99]

It's just that she agreed to phone me about it and I really want to resolve this asap. I would have the patience and duke it out with them but I have a lot on my plate right now, and to add to that, I'm back to work and university in a month. Though after the call, I am in a mood to put them down

 

I'm working on a letter right now (would you mind if I PM'd it to you, any input would be great if that's possible!), but I'm not sure about rejecting the goods for a refund. It says within reasonable time? What I'm trying to say is that 4 months is fair time for a product to be rejected with a serious fault? Can I imply that with a serious electrical fault, repair or direct replacement if off the table, and the alternative of taking another product of equal value is useless because of the ridiculous prices? The only stuff worth paying for is the GTX 670 which I wish I could afford, it's more that 300 quid!

Edited August 30, 2012 by aneesh99

[slick132]

To get the refund you want, you need to set out your reasons in writing and send them to eBuyer's Head Office.

 

If the problem is that the card is too old for them to refund, why not take a replacement and, if THAT plays up, reject it immediately (again, by writing a complaint) and seek a full refund which you can put towards a purchase elsewhere.

 

Unfortunately, these matters take time and effort but you should get the result if you work at it.

 

[aneesh99]

I'm pretty sure they don't want to offer me the same card as a replacement after what I told them about it being a common fault.

 

If I took a replacement of a different card as they suggested, could I reject that within 7 days because I don't like it (7 days being reasonable time to inspect the goods)?

[slick132]

Hi Aneesh,

 

Do whatever you have to do to get the product you want.

 

Try a replacement saying, "Perhaps the card I have is faulty and another will be OK."

 

Get the new card and, if it's OK, keep it and be happy.

 

If it fails again, complain promptly and seek a full refund based on your experience of the product's failure.

 

[aneesh99]

I'm at a loss about what to do now, do I send the letter and keep going after them or do I just take a replacement?

 

My point is that they have nothing worth taking as a replacement. If I take the same card then it might take months for it to become faulty, then I'm going to be in the same boat. I'm stuck as to what to do now!

[slick132]

Hi Aneesh,

 

In your first post, you said :-

 

Brought a replacement graphics card from Ebuyer 4 months ago and from day one, I had issues with it black screening on me and continual driver crashes.

 

You didn't seek a refund until 4 months had passed, after trying all sorts of options to see if you could get the card to work properly. Because of the time elapsed since the purchase, the supplier doesn't want to refund.

 

So accept the offer of an exchange card but, if anything goes wrong with the new one, reject it immediately.

 

You should be in a stronger position to demand a refund because :-

 

1. You'll be rejecting the item as soon as any errors show up.

 

2. You can say you've tried two cards, both of which have failed, so you have no faith in the quality and reliability of the item.

 

If they refuse to refund, you can write a Letter Before Action giving them 14 days to refund or you'll sue them for the item's cost, P&P, court fees and interest.

 

You could also mention that you are a CAG user and will have no choice but to publicise eBuyer's refusal to acknowledge the product's faults and refund fairly.

 

[aneesh99]

So I don't have a legitimate ground for asking for a refund right now, but I would if another one failed? I'd rather not have to go through all that hassle again, especially if the card takes another 4 months to go bad. Should I still send the letter and see what happens?

[slick132]

Why not try my suggestion.

 

It may be that you had a lemon, and the new card works fine.

 

EBuyer reviews for the card seem to rate it highly although I note you say there's criticism elsewhere.

 

But this is your choice. If you want to send your letter seeking a refund, do so. Post a draft here first if you want.

 

[aneesh99]

[My address]

[My address]

[My address]

 

Ebuyer (UK) Limited

Howden

East Yorkshire

DN14 7UW

 

Order number: [Order number ]

 

Dear sirs/madams,

 

On 10/04/2012 I placed an order for a [Graphics card name and model] and received it on 12/04/2012. I have discovered that the graphics card has the following problem; it repeatedly black screens on me when under load (usually gaming, sometimes during work or general browsing) and restarts the driver. It has recently come to my attention that this has become a common known issue with the very card in question. A quick search on the net for ‘[model] black screen’ almost exclusively brings up threads about this card with the same SKU. The nature of the fault is serious; there are inherent design defects pertaining to electrical and heat issues, that luckily, as of yet, have not affected the other components in my PC. This can’t be repaired, and I feel that it is quite possible that a replacement will have the same issues further down the line, and the Technical Support manager, [name of manager], agreed. The other option presented to me was to take a replacement of equal or greater value (in which case I’d have to pay the difference). The products that are available are of no interest to me, the products at the same price point are the same graphics card model that’s in question, which I will not take due to the outlined problem. Taking a replacement card of greater value is of no benefit to me as I simply cannot afford to spend any more than I already have.

 

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described of satisfactory quality and fit for purpose. As you are in breach of contract I am rejecting the [Graphics card name and model] and request that you refund the sum paid to you of [£££.££].

 

I also require you to confirm whether you will arrange for the card to be collected or will reimburse me for the cost of returning it.

 

I look forward to hearing from you in the next seven days.

 

Yours sincerely,

 

Aneesh [surname]

 

If I left anything else in there that should be hidden, feel free to give me a shout. Is the basic premise of the letter okay? I feel like I may have gone into too much detail but I want to get my side of the story across.

Edited September 1, 2012 by aneesh99

[slick132]

Hi Aneesh,

 

That should do fine for starters and let us know how they respond.

 

[aneesh99]

Will do, thanks for the help so far Slick and Rebel, I really appreciate it.

 

Reckon they'll budge? I really hope they will! Should I drop in a line about the forums and making it a little more public?

[aneesh99]

Got an update. They agreed to replace it with a new and different card at a cost reduction (and extra £10 which I paid with a CC ) which I received yesterday. I am now however having a problem with them as there was a promotion for a free game, which I did not receive. They are now claiming my order was taken before the promotion started. My order was processed on the 12th, the same day the promotion started. More than that, it even says on my invoice that the card comes with the game! Thinking of ditching the card on SOGA, though I guess I also have a 7 days cooling off period right? Just can't seem to get a break!

 

Edit: Just got an answer to my enote, apparently, I need to pay for postage? It does say in the Ts and Cs that the consumer needs to pay for return postage, but I also read this:

 

Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) Which specifically states that, where goods are returned as a right due to a breach of a term imlpied by statute (specifically s. 14 of the Sale of Goods Act 1979), the rights, given by r. 14(5), of a seller (yourselves) to require the buyer (myself) to bear the cost of a return is disapplied.

 

Do I have grounds for them to refund postage or am I out of pocket?

Edited September 14, 2012 by aneesh99

[slick132]

Hi Aneesh,

 

Personally, I'd try to get them to agree to send the game which they should have done when you were sent the 1st card, if you agree to pay for the return postage.

 

How much is a Jiffy Bag and a stamp.

 

[aneesh99]

They refused. I think I didn't explain it very well. The replacement item for my dead card wasa different card completely, the AMD 7950. It came with game, which they are denying that I should have received. My invoice states

''Sapphire HD 7950 OC 950MHz 3GB GDDR5 DVI HDMI Dual Mini DisplayPort PCI-E Graphics Card includes free Sleeping Dogs Game Download Coupon''

 

To my knowledge, are they not obliged to provide what has been paid for on the invoice? I said the item was misrepresented under SOGA, once again, they denied this. The sticking point is that return postage is around £10, which I feel is totally unjustified as it is their fault, not mine.

 

They keep telling me SOGA doesn't apply as the item wasn't misrepresented, that the system changed the title on the 12th to reflect the offer and the order was placed on the 11th. I agreed to the new item and they processed the order (i.e. paid for it, then it was picked and dispatched) on the 12th. Do I have any grounds to make a stand here or should I just drop the money for postage and be done with them?

[slick132]

Hi Aneesh,

 

If you're happy with the new card, then you could just drop the matter.

 

OR, if you're still unhappy and want to try once more you could point out, in writing, that SOGA applies because the card was faulty and they have a duty to refund or replace the item and cover the costs of P&P.

 

Re the free game, if the invoice says you should have the voucher, tell them they should supply it as per the invoice.