Query on Sale of Goods Act

jonotheone

New Member
Jul 20, 2009
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Any advice appreciated!

I purchased a Sat-Nav, less than 6 months ago from an online retailer. The item was billed as **DAMAGED BOX** (i.e. the packaging was cosmetically damaged by a sticker). It then developed a fault (complete failure to power on) and the manufacturer advised that I could return it to them or to my retailer for repair/replacement. I decided to return to the retailer as they already had all my details to arrange the pickup etc. On receipt, they acknowledged the fault and placed a replacement order. They then emailed to say they were out of stock, then again to say the item had been discontinued and they would offer me a credit to my account. I phoned today and queried this and they agreed to contact the manufacturer, and subsequently confirmed that they had sourced a replacement and it would be dispatched by the end of the week. I then had a further email to say that because the item I had purchased was reduced because of the damaged box, I would have to pay the difference in price between what I paid originally and the 'new' price (approx. £20).I said I was prepared to receive the replacement in the damaged box of the original (in which the item was returned). They said that box had been destroyed.

I'm pretty sure that Sale of Goods act states the retailer must repair or replace in the first instance (without additional cost to me). The retailer has informed me that they can now source a replacement. Does this mean I can insist on a replacement at no additional charge, or can they just refund my original purchase amount? I obviously don't want a refund as I got the item at a reduced price and hence cannot replace the item on the open market without additional cost. My final bargaining point was to be that I would accept the original faulty item back and go direct to the manufacturer.

thanks in advance!
 

Tony

What Consumer Founder
Apr 7, 2008
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Bolton
You are absolutely right, the normal order is repair, replace then refund. The first two should be at no cost to you. However, for refunds they can deduct an amount for usage, so if I were you I would go for the replacement. They cannot charge you £20 as it was only the box that was damaged.

Tony
 

jonotheone

New Member
Jul 20, 2009
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Update: Ebuyer still refuse to replace the satnav claiming that the SOGA does not apply as I bought a **BOX DAMAGED** item which was listed under one quick find code and that they could only replace with a new unit, which is listed under a different quick find code. They assert, therefore, that the two items are not like for like and that I have to pay the £20 difference. I've been round and round and they keep spouting the same nonsense that 'our terms and conditions say that we will replace like for like', but the EXACT same product is not like for like if it is listed under a different quick find code.

I then searched their website and found an 'ex-display' version of the same model in stock. It was listed as having the charging cable missing (I did not return the charging cable when I sent mine back for 'repair'). I asked them if this could actually be my unit and they said no and that my unit had been 'destroyed' when tested as faulty (I kid you not... Garmin, who emailed me about the fault, also tell me that it is fixed with a simple firmware update by them). I asked if I could actually be sent this unit and again the answer was that I'd have to pay the difference (£15). After 2 supervisors and 40 minutes on the phone, they finally offered to place the order at their cost price which meant I had to pay £1.70 to receive the replacement (!). I had lost the will to argue anymore and accepted the compromise.

If, however, when the unit arrives, it bears the same serial number as the unit I returned, then all hell will break loose. I'll update again when I get the delivery!
 

jonotheone

New Member
Jul 20, 2009
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Update: new (to me) unit arrived. It *is* a different serial number to my original. On the plus side, although it cost me a couple of quid, the replacement did have a car charger cable in it. it was the USB cable that was missing. I can now put the car cable in my wife's car and leave one in mine. Was still going to write to Ebuyer stating that I think their policy does not adhere to the SOGA.
 

Reagan

New Member
Nov 16, 2009
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I have a quick question regarding ebuyer, have found loads of info on the site about this but nothing exactly matching my problem... Thought I would stick it here as it relates to ebuyer.

I bought a TV from them just less than a week ago, it makes a whisteling noise and the buttons dont work, I phoned them up and they said they would pick it up and after five working days a replacement would be sent, this is also satated on there wbe site as they need to test for the fault, I was a bit upset at the wait but didn't think much of it until I got home and had a look on-line, seems that there are a few other people with the same fault, now that I know it's a known fault with the TV should I really be waiting for a replacement or should they just do a direct swap? It says clearly on there site that I need to wait but it seems from other advice on this site that alot of retailers "lie" and what they say does not match up to what the law says...

Couyld anyone help me? thanks in advance
 

Reagan

New Member
Nov 16, 2009
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Thanks for your reply Tony, I was thinking that I could use this option as leverage, the TV in question is a bargain and I would like to have a working model, I just wanted to know if the 5 day wait was something that I had to put up with as apposed to arguing that I need a replacement ASAP.

My girlfriend works for another TV company and she says that they would replace it with a new one on the day.

I suppose my questions is should I be arguing that 5 working days wait is out of order and that seeing as it's under 28 days and a known fault that I should get a replacement when the TV is picked up... if this is not the case I suppose I should just wait, although I could ask for my money back and then buy a new TV from ebuyer as the price has gone down now by £20!

Again, thanks
Reagan
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
If you want the same TV I would them you are rejecting the TV and would like a replacement. This is reasonable as you have not taken 'ownership' of the TV in the eyes of the law.

5 days does seem reasonable to me

Tony