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BenScoobert

CRA 2015 who pays the postage? Gigabyte trying to get me to pay.

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I bought a £500 graphics card from CCL 15 months ago, it broke, CCL said it has 3 year warranty, but after 12 months you return it to Gigabyte directly.

 

I created an RMA with Gigabyte, they gave 3 options, Pay £15 for a company to deal with the return (at the time I thought this was just to collect the card from me and return it to Gigabyte, as I assumed Gigabyte would pay for the return), Send the card yourself or deliver it in person.

 

I chose option to send it myself as I thought £15 was a lot for a 1 way delivery.

I posted the card at the post office, £15.26, grrrr, hindsight!

 

I got an email from Gigabyte telling me the card is repaired, I should arrange collection and let them know the details.

At this point I thought, hang on a minute, you want me to pay for return!!!

 

So I sent this email.

 

Hello,

 

Your methods are contrary to the law.

Please observe the following excerpt from the consumer rights act 2015:

23Right to repair or replacement

(1)This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).

(2)If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage

 

 

You must provide the shipping at your expense. I have already gone above and beyond my remit by paying for the postage to you. If you return the card to me at no more expense to me I will disregard the £15.26 I have already spent fulfilling your responsibility of shipping the card to you.

If you insist in extorting more money from me, to repair your faulty product, i will be forced to claim from you the full amount of my costs puts legal expenses.

I await your prompt response in this matter.

They replied with this.

 

 

Hello,

 

The information applies to the trader who sold it to you direct and not the manufacturer whom we are and we do not trade or sell direct to the public.

 

Also we sent detailed instructions on how to do our RMA process and gave you our 3 options. We have to presume this was read as you marked the form as option 2 as your preferred choice. Therefore we accepted your preferred option and marked the form accordingly as option 2 Collect. Option 2 instructions were given also.

 

If at any time you disagree with our terms and conditions of direct repair, the item should then be returned to the seller or trader for RMA assistance. We also presume you read our terms and conditions file for our service which you are agreeing too when requesting a returns number.

 

Please advise collection instructions as per our previous e mail.

 

Regards

 

Returns Admin Dept

 

So, where do I stand now? Who is liable for the return costs? CCL or Gigabyte?

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what they say isnt strictly true,

they accepted the retun from you as a menber of the public and by accepting the return they accept that you are acting as a consumer so are entitled to that consideration.

 

Mind you, for a £500 card do you really want to delay things for ever whist you aregue over this?

 

 

I would be telling them that you will pay for the return postage but you should then consider asking the company that sold you the card in the first place to pay for the postage as they are responsible for the the item in its entirety.

 

 

The idea of sending it back to the makers is an addition to your rights,

not a substitute so get on to them and tell them that you will be recovering the postage cost from them and would they prefer to just pay up front rather than have to spend a day in court arguing over £15 when the costs of the action will leave them at least a hundred quid out of pocket

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I'm sorry but I disagree. I think they are right. It is the seller's responsibility to repair or replace the item and also to cover any associated costs.

 

Retailers often prefer you to go directly to the manufacturer for repair or replacement but in fact they are either merely abrogating the proper responsibilities or they are providing you with a more convenient and quicker way to get the situation sorted out.

 

I would suggest that you get your card back and then put a claim into the retailer for the associated expenses. Keep all evidence.


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