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    • Hi   Sorry for the delay in getting back to you don't worry we have not forgot you.   So they have destroyed ALL DATA personal to you as you did not take the Property. (really they have put there foot in it)   If they hold no personal data then they have NO evidence of what was agreed to with your Holding Deposit and the refusal to return it.   Now if it was me I would let them drop themselves in it even further by responding to there SAR response.   Thank you for your SAR Response dated XX/XX/2019   Due to this response I require clarification of the following:   1. Have you followed the Data Protection Act 2018 & General Data Protection Regulations on Destroying My Personal Data?   2. If you have Destroyed All My Personal Data then what documentation do you hold that I have signed/agreed to the Holding Deposit being Non-Refundable and to provide copies of this documentation.   3. I require a copy of your Policy on Holding Deposits   Please bear in mind the above is what I would do.   I do think it is looking like you may have to go down the court route (make sure and have a good read of that link I previously gave you to the Tenants Fee Act).
    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
    • Most guarantees are not transferable anyway to the new owner so why a solicitor should request it is pointless.The quotes should suffice to prove the work was carried out.   Andy
    • Apologies for the prolonged radio silence!   To cut a very long story short, I went back to Barclaycard (because I bought the car with my VISA card) and they offered to repair the car at a cost of £2500.   We accepted the offer because we were advised that even if we went to court and won the case, there was no guarantee that the dealer would give us our money back anyway or would end up paying us £10 a week for the next umpteen years.   The decision to have the car repaired was also made in the light of the fact that apart from the gearbox issue the rest of the car was in good nick. It is running fine after nearly 4 months now, so even if our friend gets a few more years out of it it will have been worth it.   Now that it is all settled I can reveal the name of the dealer - it was Thatcham Motor Company, in Thatcham, Berks. Very pleasant to deal with at first whilst everything was ok but boy oh boy, beware if anything goes wrong!   Similarly Momentum Warranties who provided the 6 months "warranty". On paper this warranty apparently covers practically every conceivable fault that the car might develop until you try to make a claim!   It seems that only if a component physically breaks that any cover is provided, otherwise they will hide behind the "fair wear and tear" get-out clause. Can an ECU unit be subject to wear and tear?   I would not touch either of these outfits again with the proverbial barge pole. Buyer beware!   One further thing I forgot to mention. We ran up considerable expenses trying to sort all the issues - the engineer's reports, travel costs etc.   Is it too late to try to claim these back from the dealer now? I just ran out of energy by the time Barclaycard agreed to pay for the repair but now the dust has settled I am up for it again!   Would this have to be done via the Small Claims Court?
    • no rush yet not due for 3 weeks as per andyorch's information above   i'm sure we'll get time before then.   dx  
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irlgeez

Opened box product & full manufacturers warranty

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Hello, I've purchased this product

https://www.scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box)

 

 

after receiving it one of the first things I found was that one of the drivers does not work

and there were scratches on the product.

 

I've contacted them straight away and they've told me that they want to replace the product with another opened box,

but I believe this will not be in accordance to the "full manufacturers warranty"

and a reasonable outcome would be a repaired product or a new replacement product.

 

I've written them a fairly big email explaining that there should be separation of concern regarding this and asked what would be the case if they simply didn't have any open boxes left in stock.

 

What is the right procedure for such an issue?

 

Thanks

 

EDIT: I've got a response:

 

Hi,

 

Under no legal document does it state you are entitled to a full retail product after purchasing a refurbished/open box product as a replacement.

 

 

you are bound to the product you purchased which is an opened box high b grade product.

This is clearly reflected on the price that you paid.

 

We have discussed this over the phone and there is no way we can process your request in getting a full retail product which worked out at 100+ pounds.

 

We have already offered to collect your item and replace from stock.

If we no longer have any open box products in stock we would be left with no choice but to refund the product in full.

 

Please follow up on my colleagues email to arrange the collection.

 

regards,

https://www.scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box)

Edited by Andyorch
Correct link added

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Hello, I've purchased this product - scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box) - and after receiving it one of the first things I found was that one of the drivers does not work and there were scratches on the product.

 

I've contacted them straight away and they've told me that they want to replace the product with another opened box, but I believe this will not be in accordance to the "full manufacturers warranty" and a reasonable outcome would be a repaired product or a new replacement product.

 

I've written them a fairly big email explaining that there should be separation of concern regarding this and asked what would be the case if they simply didn't have any open boxes left in stock.

 

 

What is the right procedure for such an issue?

 

Thanks

 

EDIT: I've got a response:

 

 

 

 

https://www.scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box)

 

I think they are correct. You bought a discounted item which was in an opened box and they can replace with the same. If the replacement does not work properly, you can then claim a refund of what you have paid.


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I've asked for a legal document that states the opposite and I've got this:

 

Hi,

 

Yes you have paid for a product which should be in good condition and working order, which is why we have offered to collect your item and replace with another product from stock as mentioned earlier.

 

But mentioned earlier you will be replaced like for like. Under no circumstance you will not be replaced with an item that holds a higher value/quality rating as that is not what you paid for originally.

 

This is our only offer.

 

Regards,

 

Not sure if I'm stupid or they are.

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I think that if you bought an item which was described as – "open box" and was not described as being in new condition, and if you got a reduced price as a result, then I think you would have to expect to accept some blemishes.

 

On the other hand, you are entitled to have it in fully working condition. You say that one of the drivers was not working. I'm not too sure what you mean by this. Are you relating to the software?

 

Anyway, I think that they are quite right in expecting you to accept like-for-like. I'm sorry to say that I don't think you're entitled to expect a new replacement.

 

From the email which you have published here, it seems to me that they have reacted fairly promptly and correctly.

 

Because this contract was made after October 2015, and because you bought the fault to their notice within 30 days of having the item, you would be entitled to a full refund – but that means a full refund of the money you paid, not a full refund of the price of a brand-new one.

 

So I think the situation is that either you accept a refund of the money paid or you accept a replacement in working condition – and hopefully without the blemish – but that would be a matter of potluck


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I think that if you bought an item which was described as – "open box" and was not described as being in new condition, and if you got a reduced price as a result, then I think you would have to expect to accept some blemishes.

 

On the other hand, you are entitled to have it in fully working condition. You say that one of the drivers was not working. I'm not too sure what you mean by this. Are you relating to the software?

 

Anyway, I think that they are quite right in expecting you to accept like-for-like. I'm sorry to say that I don't think you're entitled to expect a new replacement.

 

From the email which you have published here, it seems to me that they have reacted fairly promptly and correctly.

 

Because this contract was made after October 2015, and because you bought the fault to their notice within 30 days of having the item, you would be entitled to a full refund – but that means a full refund of the money you paid, not a full refund of the price of a brand-new one.

 

So I think the situation is that either you accept a refund of the money paid or you accept a replacement in working condition – and hopefully without the blemish – but that would be a matter of potluck

 

Drivers will refer to some of the internal components of a headset I believe.

 

But the retailer are correct in saying that they'll replace the Open Box product for another Open Box product. I think you're being very unreasonable expecting them to replace it with a brand new sealed product that would have cost more. Why do you feel that you're entitled to this?

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Driver = headphone speaker.

 

I understood all and I do not expect to get a refund bigger than the amount I've paid, but the product states that it's covered by full manufacturers warranty - I interpret this as following the official manufacturer's warranty terms & conditions, which are pretty much this - audeze.zendesk.com/entries/21334962-How-long-is-my-Warranty-for-What-does-it-cover-

 

So, my concern is that this issue would have been treated differently if this was the last open box that they've sold. They would not have any other open boxes to replace with - they would follow the manufacturers warranty => repair or replacement product. And after asking them what would happen if that was the last open box they've told me that they were going to refund me, but in the same time they state a 6 month warranty on the product page, and "FULL manufacturers warranty" (which is 3 years) in the product description. What?

Edited by irlgeez

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Driver = headphone speaker.

 

I understood all and I do not expect to get a refund bigger than the amount I've paid, but the product states that it's covered by full manufacturers warranty - I interpret this as following the official manufacturer's warranty terms & conditions, which are pretty much this - audeze.zendesk.com/entries/21334962-How-long-is-my-Warranty-for-What-does-it-cover-

 

So, my concern is that this issue would have been treated differently if this was the last open box that they've sold. They would not have any other open boxes to replace with - they would follow the manufacturers warranty => repair or replacement product. And after asking them what would happen if that was the last open box they've told me that they were going to refund me, but in the same time they state a 6 month warranty on the product page, and "FULL manufacturers warranty" (which is 3 years) in the product description. What?

 

That is always a choice. I.e go back to retailer using consumer rights or approach the manufacturers to claim under the warranty.

 

You don't seem to want to deal with the retailer on the basis of getting another open box replacement and therefore you might choose the manfacturers warranty route.

 

I doubt for this type of product that the retailer is going to organise a repair.

 

I had a similar situation years ago and it would seem a shop had lots of opened boxes, because the product was getting a lot of returns for different faults. So i asked for the replacement to be tested and confirmed as in full working order. Thankfully it was.


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Thanks for the reply. Unfortunately they are the official distributor for the UK.

I wonder if it's worth contacting Audeze directly so they could hopefully authorize Scan to do a repair/replacement.

Or I could ask for an open box replacement that could be tested before they ship it out, but then I do not know if the product has 6 months of warranty instead of 36...

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You could contact the manufacturers about this situation and decide what to do.

 

Some online companies are not proper retail outlets as you might think. They may just be a big warehouse operation, where these open box products are not tested before sale. They buy the products in a large quantity for a fraction of their retail price and they don't want to get involved in repairs. They take products back from customers and may try to resell them, if at first glance they don't see anything wrong with them. I doubt they are properly tested before being sold.

 

Ask about the warranty situation.


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thye buy all of the returns from catalogues and stores like Argos so when someone sends something back it may be because it was faulty rather than they didnt want it. This means that you get an untested item which they should replace. Cosmetic damage is acceptable and if you dont want a replacement then you should have insisted on a refund. Manufacturers warranty nothing to do with anything, they sold it and they are responsible. Now you have to be clear that you want a working replacement or your money back, you cant be demanding something you have no rights to.

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