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Joined: Aug 21, 2005 Posts: 1761 Location: Kent, England
Posted: Wed Aug 31, 2005 12:20 am Post subject:
michaelh85 wrote:
Agree.
The term "get what you pay for comes to mind".
Whilst high-street retailers might be more expensive, there is a reason for it, and it rarley because they're trying to make more profit.
As displeasing as it may sound, eBuyer - or any other retailer for that matter, have no obligation to provide tech support.
Interesting last point. You may or may not be correct depending on why support is needed. The retailer has to sell something that is fit for purpose and of reasonable quality. If it aint he is in breach of contract and should be willing to sort it out. If a reasonable person can't figure out how to use the item in the way that it is supposed to be used then it isn't fit for purpose. Having said that they have no obligation to train anybody, as long as it can be picked up from the instructions etc.
Joined: 24/06/2003 00:22:12 Posts: 2946 Location: Escaped to the Antipodies! 36.83°S 174.75°E
Posted: Wed Aug 31, 2005 2:59 am Post subject:
You are certainly entitled to a refund if the goods are not fit for the intended purpose, of reasonable quality and as described. You can also return the goods in as new condition in their original packaging within a short time and get a refund under the distance selling regulations.
There is however, no statutary right to get technical support from a retailer. If you want that then you should go and buy your stuff from PC World. :x _________________ Gone fishing!
Whilst high-street retailers might be more expensive, there is a reason for it, and it rarley because they're trying to make more profit.
As displeasing as it may sound, eBuyer - or any other retailer for that matter, have no obligation to provide tech support.
Interesting last point. You may or may not be correct depending on why support is needed.
The law regarding retailers means that they would have to accept a refund or exchange should the device not be 'fit for purpose' but have no other obligations.
However, if the device is fit for purpose, is functioning correctly but the customer cannot use the device correctly then that is the customers "fault" (and rightly so, it's unfair to the retailer to blame them for customer error).
If the device is not functioning correctly, needs an unreasonable level adjusting (outside what is described in the manual) or is not fit for the described purpose, then the customer is entitled to a refund/replacement model.
Before you claim on the "not fit for purpose" line though, read CAREFULLY the sales information on the website. If the product makes no mention of working with/being compatible with a certain device/use then it is hard to argue this as the retailer can claim they they didn't state that the device was suitable for purpose in the first place.
Joined: Aug 21, 2005 Posts: 1761 Location: Kent, England
Posted: Sat Sep 17, 2005 7:21 pm Post subject:
michaelh85 wrote:
peterc10 wrote:
michaelh85 wrote:
Agree.
The term "get what you pay for comes to mind".
Whilst high-street retailers might be more expensive, there is a reason for it, and it rarley because they're trying to make more profit.
As displeasing as it may sound, eBuyer - or any other retailer for that matter, have no obligation to provide tech support.
Interesting last point. You may or may not be correct depending on why support is needed.
The law regarding retailers means that they would have to accept a refund or exchange should the device not be 'fit for purpose' but have no other obligations.
The law is not as simple as that, and retailers certainly have many more obligations then the one you quote. The primary legislation is the Sale of Goods Act 1979. Items not only have to be fit for purpose, they also have to be of "satisfactory quality" (that term replaced the previous "merchantable quality"), and have to correspond with any description given. If they are not these it is a breach of contract that entitles the buyer to damages.
So if it says "easy to use" or some such phrase and it isn't then that is a breach, because it is not as described. In addition satisfactory quality would normally be taken to mean that it should be operable by a normal member of the public with a reasonable modicum of common sense and have instructions that can be understood by that person (unless it clearly states it is for experienced users or some such). In addition some of the clauses that retailers try to use to restrict consumers (as opposed to businesses) rights are rendered void by the Unfair Terms in Consumer Contracts Regulations 1999.
Finally "damages" do not necessarily mean just a refund or a replacement. They are supposed to put the innocent party back in the position that he would have been (as far as money can) had the contract not been breached. That may mean a refund. It could also mean paying for all the phone calls to sort it out. Or, if they no longer stock the item, paying the difference in price between the original price and what it would cost to buy it elsewhere.
I am afraid that consumer law is not as simple as it at first appears, as any lawyer will tell you.
merchants, retailer, etailer, and manufacturers should back up the products they sell, produce! why should the consumers bear the brunt of the problems!
REPLACE OR REFUND! :x IF THEY ARE DEFECTIVE! :x
merchants, retailer, etailer, and manufacturers should back up the products they sell, produce! why should the consumers bear the brunt of the problems!
REPLACE OR REFUND! :x IF THEY ARE DEFECTIVE! :x
Quite right. The sale of goods act (or whatever its called nowadays) means retailers cannot duck the issue. Trouble is, many are just bucket shops who think they can.
Not only that but ebuyer wont tell you basic info about an item other than what's on their site. When I mailed to get more info they just replied soory, no can do. Needless to say I didnt buy from them.
Joined: Aug 21, 2005 Posts: 1761 Location: Kent, England
Posted: Mon Oct 31, 2005 8:08 pm Post subject:
Ebuyer have been well hammered in the latest Which report. By the sound of it the problems mentioned in this post are wide spread - so its not just us! How long will a company that keeps providing this type of serrvice last you wonder? Make sure you buy with credit card rather than debit so that you are covered?
Mind you there were one or two idiots quoted in the report. One person had bought "dozens" of items from them but still complained. If you are not happy with them why continue to use them ..... doh ........,.
I have bought memory and other PC bits and had no problems with it, must have been lucky.
When I've needed cheap bits and bobs, they're great (although I usually use CCL Computers as their trade counter is based in Bradford).
Even when my Epson Printer developed a minor fault, they were more than happy to sort it out, until I found Epson provided an even better warranty to any other retailer (web or high-street).
I get what I expect from them, cheap bits with minimal fuss. I don't expect much more because if I did, I'd be paying much more than I do. Of course I'd expect them to rectify a problem with a faulty product but this can be done with a simple e-mail, not days upon days of snotty e-mails and phone calls.
The sort of people who make these silly complaints about this sort of firm are the same people you see on these Airport documentaries - paying for easyjet and expecting BA service (without the baggage handling strikes obviously )
Joined: Aug 21, 2005 Posts: 1761 Location: Kent, England
Posted: Tue Nov 01, 2005 4:18 pm Post subject:
michaelh85 wrote:
I get what I expect from them, cheap bits with minimal fuss. I don't expect much more because if I did, I'd be paying much more than I do. Of course I'd expect them to rectify a problem with a faulty product but this can be done with a simple e-mail, not days upon days of snotty e-mails and phone calls.
The sort of people who make these silly complaints about this sort of firm are the same people you see on these Airport documentaries - paying for easyjet and expecting BA service (without the baggage handling strikes obviously )
As a maker of one of these "silly" complaints I would like to know what's wrong with expecting a supplier who constantly says he has something in stock at a good price having it in stock occassionally? Once is a mistake, twice is a big mistake, beyond that it starts to increasingly look like incompetence or deceipt, take your pick.
Any organisation can make a mistake. The mark of a good one is how they deal with it. Many of the posts here and the complaints to Which were about the way that Ebuyer dealt with the problem, or rather didn't. One theme was consistant, they cannot or will not sort a complaint out with a "simple email" (because it gets "lost") or phone call, because it does not get answered.
I get what I expect from them, cheap bits with minimal fuss. I don't expect much more because if I did, I'd be paying much more than I do. Of course I'd expect them to rectify a problem with a faulty product but this can be done with a simple e-mail, not days upon days of snotty e-mails and phone calls.
The sort of people who make these silly complaints about this sort of firm are the same people you see on these Airport documentaries - paying for easyjet and expecting BA service (without the baggage handling strikes obviously )
As a maker of one of these "silly" complaints I would like to know what's wrong with expecting a supplier who constantly says he has something in stock at a good price having it in stock occassionally? Once is a mistake, twice is a big mistake, beyond that it starts to increasingly look like incompetence or deceipt, take your pick.
Any organisation can make a mistake. The mark of a good one is how they deal with it. Many of the posts here and the complaints to Which were about the way that Ebuyer dealt with the problem, or rather didn't. One theme was consistant, they cannot or will not sort a complaint out with a "simple email" (because it gets "lost") or phone call, because it does not get answered.
Having worked in retail for nearly 5 years I can tell you that mistakes in the industry are common place, ranging from the lowest level to the 'big cheeses' at the top.
Whilst I can appreciate that whilst to someone such as yourself, who has numerous forgetful dealings with them, something may look fishy. But consider how many orders eBuyer process daily - hundreds if not thousands. How many of them do you think end up in disaster?
My comments were initially in response at the comments with regards tech support. You can't pay peanuts and still expect all the trimmings.
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