Call consumer direct and ask them for advice. They're very helpful. Don't email them, phone them.
The sale of goods act, IMHO, is neither here nor there. That is your basic statutory right. But you have a warranty.
9.2 would also appear to me to be unfair and therefore unenforceable. It simply says that it will be 'calculated' based on the age of the product, but doesn't give that calculation. So I would ask for clarification on how this is calculated.
I've visited the ebuyer site and read the terms and conditions. Rottweiler had to confirm in ebuyers Legal Information that the terms and conditions were read and understood before the extended warranty was purchased and this is what is written; 'By purchasing this extended warranty you confirm that you have read and understood this important information, the Product description, general information, Terms and Conditions and the Key Facts document, and that you satisfy the qualifying conditions detailed in these documents.'
So it seems to me that your only recourse is if, as flagpole says, you can argue successfully that condition 9.2 is unfair and therefore unenforceable. It doesn't say anything in 9.2 about the Sale of Goods Act.
9.2 Any Orders that are over 6 months old and the Product has been confirmed to be defective and a refund is due, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.
Evil c, this is not an extended warranty, the item came with a 3 year manufactures warranty.
Just to confirm that came with a 3 year manufactures warranty and Not 2 years as I had stated.
Motherboard Warranty Policy
Product Warranty
Standard Warranty
Remarks
Motherboard
Standard: 3 Years
TUF series: 5Years*1
All ASUS motherboard purchased after November 1st, 1999 will carry 3 year warranty services. ASUS product warranty is based on the serial number printed.
Note: Warranty void for user removing serial number sticker on the motherboard.
Evil c, this is not an extended warranty, the item came with a 3 year manufactures warranty.
Just to confirm that came with a 3 year manufactures warranty and Not 2 years as I had stated.
I think this is your problem, your getting confused with a 'manufacturers warranty' and the 'Sales of Goods Act'
If you're trying to claim through the manufacturers warranty why are you contacting Ebuyer?
You would only contact the retailer to make a claim through the SOGA which in this case they have agreed and offered 60% refund which I think is quite generous.
No im not confused at all, if I buy from a shop and it comes with a 3 year warranty and it goes tits up then I go back to the shop to exchange (as I was offered originally by Ebuyer) or a refund
Dodgy over-clocking on a motherboard? That might fry a chip or memory even, but the motherboard isn't going to let you do anything that'll actually damage it and if it does it's a fault in manufacture.
I am rather surprised to hear about bad service from Ebuyer. I've not had to make a returns after having anything for a while but I've had to return a few items that were faulty or damaged on arrival. Different circumstances for sure, but I was treated really well.
No im not confused at all, if I buy from a shop and it comes with a 3 year warranty and it goes tits up then I go back to the shop to exchange (as I was offered originally by Ebuyer) or a refund
Is this not correct then ????
No its not correct.
If you where offered a 3 year manufacturers warranty and you want to claim on that warranty you go direct to the manufacturer, it has nothing to do with the retailer.
If you want to make a claim using your statutary rights under the Sales of Goods act then you go direct to the retailer who will either sort the problem out thenselves or ask you to contact the manufacturer directly.
Call ebuyer and advise them that the board has a 3 year warranty on it and you have been instructed by the board manufacturer to return the defective goods to the originating retailer for a replacement unit to be issued.
If that doesn't work go back to the board manufacturer and advice that ebuyer have accepted the board but are failing to replace it under manufacturers warranty, see if they can contact ebuyer for you or give you proof that they will accept it as a return via ebuyer and send another one to you.
Hello !!!
They don't make that board anymore......
well to a certain extent that is not your problem,its an issue for the manufacturer and or ebuyer to sort out and if they have stopped making that board then your entitled to an equivalent one or a refurbished one and the manufacturer should sort that out either via ebuyer or direct with you. Either way speak to ebuyer on the first instance.
No im not confused at all, if I buy from a shop and it comes with a 3 year warranty and it goes tits up then I go back to the shop to exchange (as I was offered originally by Ebuyer) or a refund
Is this not correct then ????
No your legal statutory rights are with the shop you bought it from, and they have complied with these.
What you are talking about now is a manufacturers warranty, which is an additional promise that isn't a statutory requirement for the goods you've purchased. This is something you need to contact the manufacturer about. If they have promised it you are entitled to it, but you have to deal with the manufacturer.
Comments
The sale of goods act, IMHO, is neither here nor there. That is your basic statutory right. But you have a warranty.
9.2 would also appear to me to be unfair and therefore unenforceable. It simply says that it will be 'calculated' based on the age of the product, but doesn't give that calculation. So I would ask for clarification on how this is calculated.
So it seems to me that your only recourse is if, as flagpole says, you can argue successfully that condition 9.2 is unfair and therefore unenforceable. It doesn't say anything in 9.2 about the Sale of Goods Act.
9.2 Any Orders that are over 6 months old and the Product has been confirmed to be defective and a refund is due, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.
Just to confirm that came with a 3 year manufactures warranty and Not 2 years as I had stated.
I think this is your problem, your getting confused with a 'manufacturers warranty' and the 'Sales of Goods Act'
If you're trying to claim through the manufacturers warranty why are you contacting Ebuyer?
You would only contact the retailer to make a claim through the SOGA which in this case they have agreed and offered 60% refund which I think is quite generous.
Just to add the ASUS UK support number is 0844 800 8340 or online claim https://eu-rma.asus.com/pick_eu/uk/
Is this not correct then ????
I am rather surprised to hear about bad service from Ebuyer. I've not had to make a returns after having anything for a while but I've had to return a few items that were faulty or damaged on arrival. Different circumstances for sure, but I was treated really well.
Get on Twitter about it.
No its not correct.
If you where offered a 3 year manufacturers warranty and you want to claim on that warranty you go direct to the manufacturer, it has nothing to do with the retailer.
If you want to make a claim using your statutary rights under the Sales of Goods act then you go direct to the retailer who will either sort the problem out thenselves or ask you to contact the manufacturer directly.
Amazon.co.uk now for me as there returns and customer service are the best in the whole wide world
And I thinks there probably as cheap...
What do you mean ?
Why do you just not go through the manufacturer rather than wasting time going through eBuyer?
Tell eBuyer that you are not happy with what they are offering and ask them to return the board to you.
If that doesn't work go back to the board manufacturer and advice that ebuyer have accepted the board but are failing to replace it under manufacturers warranty, see if they can contact ebuyer for you or give you proof that they will accept it as a return via ebuyer and send another one to you.
They don't make that board anymore......
this 60% thing is not so bad in electronics anyway really. you're bound to be able to get something comparable for 60%
The alternative is they may offer the nearest equivalent.
Then ask the manufacturer to refund your money or supply an alternative - you do know how to make things as difficult and long drawn out as possible!
well to a certain extent that is not your problem,its an issue for the manufacturer and or ebuyer to sort out and if they have stopped making that board then your entitled to an equivalent one or a refurbished one and the manufacturer should sort that out either via ebuyer or direct with you. Either way speak to ebuyer on the first instance.
No your legal statutory rights are with the shop you bought it from, and they have complied with these.
What you are talking about now is a manufacturers warranty, which is an additional promise that isn't a statutory requirement for the goods you've purchased. This is something you need to contact the manufacturer about. If they have promised it you are entitled to it, but you have to deal with the manufacturer.