Ebuyer refusing to repair under warranty

[themrsfong]

I bought an Asus Google Nexus 7 from Ebuyer last August (2012) and it broke. First of all the charging cable ceased working, but that wasn't a huge problem as I had quite a few more. Then I realised the reason it had stopped working was that the micro usb port was actually faulty (it proceeded to break a number of my other charging cables). I had an engineer look at it for me and he said you can clearly see the port is broken and if it was under warranty, to return it. The part itself is around £25 retail and I could probably replace it myself. However, if I did it would void the warranty and also, why should I when that's exactly what the warranty is for?

 

At the beginning of July, I reported the issue to Ebuyer who told me, 'don't worry, we'll simply replace the whole device with a brand new one'. I told them I didn't want a brand new one as I didn't want to have to go through removing and restoring all my data. However, they insisted. I hung up the phone and began wiping my data and packaging it up whilst waiting for my return instructions to arrive by email. Instead of return instructions, I received an email to say the return had been refused.

 

I called back and was advised it had been refused because I 'hadn't bothered' to contact Asus first to diagnose whether the item needed repairing or replacing. Had I been told to do this, I would have done so but nobody had informed me of any such requirement. Ebuyer created another return then gave me an Asus number to call to get a reference number confirming Ebuyer needed to take action.

 

I called Ebuyer back and gave them the reference number and then got my return on its way.

 

Around a week or two later, I received the device back, still broken. I was told by Ebuyer that they had found 'nothing wrong' with it and that I was lucky they hadn't charged me for the return process!

 

I then made a complaint, by email this time, thinking that if I put it into writing, they might actually take more action. How wrong I was. I was told to I had to return it again, this time including the plug and original charging cable (which I can't find because I had stopped using it months before when it broke). I replied to advise this and was ignored by Ebuyer. They continued to ignore my emails until, last week, I'd had enough and moaned about it on Twitter. The person who then replied to my email said 'I'm sorry, I've had problems with my sent emails not arriving'!

 

We went back and forth through a number of other emails until they advised today that unless I can find the original charging cable, they will not accept a return of the device and will not under any circumstance consider returning it.

 

Now, what I'd like to know is:

1. Can they refuse to repair the device because I am unable to find the cable (which is not the part I'm asking them to repair)?
   
2. Are they still obliged to repair/replace the device even though the warranty has now expired (based on the fact I complained when it was still under warranty)?
   
3. What action can I take on this?
   

 

Thanks in advance.

[themrsfong]

UPDATE:

 

I've now just spoken to Asus and they advised that because the warranty has expired, I will need to pay for the repair myself or get Ebuyer to pay for it. I advised Asus that I logged the first call within the warranty period and they agreed. However they said they 'would have' told me to book a repair direct with them. That's not what they said at all - they told me that if Ebuyer was offering to replace the whole device, to go back to Ebuyer with my reference number as this would be a better resolution. Had I known I had to book a repair directly with Asus, I would have done so.

 

I feel like neither company wants to take responsibility even though it's a really cheap and relatively simple fault to repair.

[johnym]

Firstly ebuyer will NOT replace or refund (in full) an item over 6 months old.

 

Don’t make the mistake I did with my iPad last October, it was 7 months old and developed a fault. They accepted the return and said I would receive a direct replacement only to be fobbed off with a proportionate refund (70% of purchase price) once they receive it back, they sneakily changed my return request from direct replacement to refund.

 

If you still have your tablet in my opinion you should pay to have it repaired yourself, if you return it to ebuyer they won’t repair it despite what they might tell you and in the end you be left with a fraction of what you paid and no tablet.

[renegadeimp]

Ignore the warranties. Soga covers you completely.

[dx100uk]

yes and the DSR rules

 

don't waste money on paying it yourself either

 

the statutory rules under SOGA and DSR are there to protect you

 

Distance Selling Act - Business Perspective http://dshub.tradingstandards.gov.uk/

Distance Selling Act - FAQ - http://www.out-law.com/page-430

 

http://sogahub.tradingstandards.gov.uk/

[johnym]

Since it will only cost the op £25 to repair it himself, doing this is the lesser of two evils.

 

Its all well and good quoting the SOGA but if the op was to return it to Ebuyer they would only receive a partial refund, a refund minus 13 months use which could possibly be less than 40% of the original value. Ebuyer will not repair it.

 

There are a few threads on here telling similar stories, including mine.

[maxsolo]

Sale of Goods Act says returns are the responsibility of the retailer for one year.

 

Actually European Law Says that ALL electrical goods sold as new are automatically entitled to a 2 year warranty:

EU directive 1999/44/EC retailers may also be liable for up to six years…

 

so yeah Ebuyer are breaking EU law by only offering customers 1 month warranty…

 

AS a member of the EU this is now law in the UK Consumer experts say retailers are exploiting ambiguous legislation to wriggle out of their responsibilities.

 

Ministers, however, claim the law is quite clear.

 

The Sale of Goods Act offers protection against faulty goods even when the manufacturer’s guarantee has run out.

The act says goods must last a reasonable time

– and that can be anything up to six years from the date of purchase.

I think the law is quite clear on this matter

 

Consumer Direct is the government’s new online and telephone advice line.

Call an adviser on 08454 04 05 06.

[labrat]

yes but ebuyer have a VERY bad rep for returns

 

look rge the christmas photo they put up

 

search on the register for it

[Rex Shepherd 7]

Sale of Goods Act says returns are the responsibility of the retailer for one year.

 

Actually European Law Says that ALL electrical goods sold as new are automatically entitled to a 2 year warranty:

EU directive 1999/44/EC retailers may also be liable for up to six years…

 

so yeah Ebuyer are breaking EU law by only offering customers 1 month warranty…

 

AS a member of the EU this is now law in the UK Consumer experts say retailers are exploiting ambiguous legislation to wriggle out of their responsibilities.

 

Ministers, however, claim the law is quite clear.

 

The Sale of Goods Act offers protection against faulty goods even when the manufacturer’s guarantee has run out.

The act says goods must last a reasonable time

– and that can be anything up to six years from the date of purchase.

I think the law is quite clear on this matter

 

Consumer Direct is the government’s new online and telephone advice line.

Call an adviser on 08454 04 05 06.

 

This is largely inaccurate.

 

The SOGA says nothing about returns being the responsibility of the retailer for one year.

 

The UK did NOT implement the provision contained in the EU Directive in relation to electrical goods having to come with an automatic 2 year warranty. This was an optional element of the Directive and whilst some Member States chose to incorporate this into their national legislation, the UK did not.

 

And as such Ebuyer are absolutely not breaking any law by offering only a 1 month warranty.

 

The Sale of Goods Act does not state (as you have implied) that goods have to last upto 6 years. The Limitation Act states that for a claim for a breach of contract you have 6 years from the date of that breach in order to issue legal proceedings via the courts. In England and Wales (but not Scotland) it is taken that the contract was breached on the date of purchase even if the fault did not manifest itself until some time later. This is a wholly different concept.

 

Consumer Direct was abolished about two years ago and taken over by Citizens' Advice. The number is the same though.

Edited January 23, 2014 by Rex Shepherd 7
speling eror

[maxsolo]

Thanks for the up date, so unfortunately Ebuyer can continue to basically rip people off ( Buyer BEWARE )!

[labrat]

http://www.theregister.co.uk/2013/12/24/ebuyer_rates_staff_on_returns_rejected/

 

thats the story i was talking about

 

ive got a bin that i payed £35 on black friday

the automatic open has gone faulty havent returned it as the price has gone upto around £60 so i doubt i will get a replacement

[dx100uk]

dsr rules apply too

 

and don't forget section 75 [credit card

 

chargeback on debit cards

 

dx

[johnym]

Chargeback’s or even just the threat of one is a good weapon when it comes to dealing with Ebuyer. Also when you phone them on their premium rate phone number as part of the RMA process (10mins on hold usually) tell them your recording the conversation. They are very underhand when it comes to dealing with returns especially over 6 months old so play them at their own game. They often tell you one thing and then actually do another, in the end all roads lead to the buyer being left out of pocket.

 

A quick look on some of the review sites will tell you as much, hardware forums and even Ebuyers own forum are full of tales of discontent. It’s especially bad when you buy hardware with a 3 year warranty and it goes bad after say a year. You call the manufacture and they’ll tell you to go through your retailer for a replacement. Ebuyer will initially tell you no problem, sent it in and it’ll be replaced. But, once they have it they’ll change their tune and say as per their T&C’s you’re only entitled to a part refund minus how much use you’ve had from the item. You end up with a small refund and no replacement. Ebuyer then return your item to the manufacture for stock credit and receive another unit they can then sell at full price.

 

They’re not a very nice bunch at all.

[dx100uk]

saynoto0870 etc site or etc find the cheaprate number.

 

tell them you are recording the call under the instructions of your local trading standards office

 

that you rang earlier

 

dx

[labrat]

readign the reviews on the bin i got they all appear to fail after a couple of months anyway... some people saying they have now had 3 replacement lids

 

going to take a screwdriver later and take a look at the board inside, its not powering at all so likely to be a loose lead or dry joint