Expensive Mouse out of warranty, retailer refuses to help, advice?

[rednova]

I purchased an expensive (£70) computer mouse about 2 years ago. About 1 month before the warranty was due to expire, the scroll wheel on the mouse broke, which according to google is a common problem with the specific mouse.

I contacted the retailer, and they issued me a replacement. All was great.

Then, 2 months later, after the warranty had run out, the replacement they sent me also failed, except this time it was the left mouse button (it keeps double-clicking instead of single-clicking, also a common problem I have found that the mouse has, according to google)

Now how does the Sale of Goods Act and the whole Fit For Purpose thing apply to this replacement I have been issued? The retailer is refusing the help because "it is out of warranty" and I have told them repeatedly of the Sale of Goods Act and that it should be fit for purpose for up to 6 years or a reasonable amount of time, and the warranty has nothing to do with that, and I have only had the brand new, replacement mouse for less than 3 months now, and it has broken.

Obviously 3 months for an expensive computer mouse is not fit for purpose when the main button on it doesn't work properly, and there is plenty of evidence online that says it is a common fault with this particular mouse.

So, is there anything I can do aside from simply accept the loss and move on since the cost is really not worth taking them to small claims court or anything like that?

Thanks for reading.

 

[Witch consumer]

The warranty is in addition to your statutory rights under the sale of goods act and the 6 years you have heard mention is actually 6 years to raise an issue with a retailer, not that goods should last that long.

You are quite right in that the sale of goods act says items should be of satisfactory quality and durable, a 3 month old mouse obviously isn't.

 

[rednova]

Dear xxx,

the item is out of warranty this does not renew the warranty period when you have a replacement item.

Regards,

****ty CustomerSupport

They don't seem to get it ^

 

[Witch consumer]

That statement is actually true but I repeat a warranty is in addition to your statutory rights!

 

[rednova]

That statement is actually true but I repeat a warranty is in addition to your statutory rights!

That's what I keep telling them but they keep saying the same thing

 

[Witch consumer]

Then tell them you'll see them in court, see if they change the record.

Which company is it, we like to spread the word on poor customer service.

 

[ALewis]

Notify them of you're rights stipulated within Section 14(2) of the Sale of Goods Act. Even quote 14(2) if you feel it is necessary.
They cannot simply avoid the issue, S.14 is an implied term and therefore cannot ever be excluded.

Put it simple to them: "I'm not asking you to replace under warranty. You have a statutory obligation bla bla.."

 

[rednova]

The website is overclockers.co.uk

 

[ALewis]

I'm actually quite surprised with that. OverClockers are usually good.
Oh well, just do as we said.

 

[rednova]

What I want to be sure about is does this still count for the replacement? The replacement was (I assume) brand new, and is only <3 months old, or does that not matter anyway since the warranty is a completely separate thing?

Thanks again.

 

[ALewis]

Warranty is complete seperate to your statutory rights, you don't pay to have your rights, but you can pay for a warranty. Warranties are simply a businesses ploy to get more money out of you for the joy of convenience.
I can safely say I have never, and will never, buy a warranty. They simply aren't needed.

You could be 10 replacements later, but you still have your statutory rights.

 

[rednova]

Warranty is complete seperate to your statutory rights, you don't pay to have your rights, but you can pay for a warranty. Warranties are simply a businesses ploy to get more money out of you for the joy of convenience.
I can safely say I have never, and will never, buy a warranty. They simply aren't needed.

You could be 10 replacements later, but you still have your statutory rights.

Thanks for the info

 

[rednova]

Sent them a message yesterday with everything you told me and have yet to receive a reply. I wonder how much it would cost to have a solicitor send a threatening letter to them, would it be worth the cost of the mouse or should I just move on and let them break the law? is there nobody I can report them to or something? I can hardly imagine a phonecall to the police ending well..

 

[Witch consumer]

You could start a small claim for £25 if you wanted but in the long run not sure it would be worth it!

 

[rednova]

This was the email:

That statement is actually true but I repeat a warranty is in addition to my statutory rights!

Rights stipulated within Section 14(2) of the Sale of Goods Act.

You cannot simply avoid the issue, S.14 is an implied term and therefore cannot ever be excluded.

Warranty is complete seperate to your statutory rights, you don't pay to have your rights, but you can pay for a warranty. Warranties are simply a businesses ploy to get more money out of you for the joy of convenience.
I can safely say I have never, and will never, buy a warranty. They simply aren't needed.

You could be 10 replacements later, but you still have your statutory rights.

I am still left wondering why you have not dealt with this properly and within the law.

Is this all correct? is there anything I could add?

You could start a small claim for £25 if you wanted but in the long run not sure it would be worth it!

How do you do that, and if/when you win the claim, do the other party pay for your costs if you win the claim? At this point it's more about pride and I don't want them to get away with this.

 

[rednova]

Dear [...],

thank you for your webnote.

Unfortunately i cannot process anything through until i receive a independent engineers test report as the item is over 6 months old we need a third party unbiased report.

Regards,

Luke Pointon

^ this is what I have to deal with

 

[Witch consumer]

Isn't the mouse only 3 months old?

You can start a small claim online at

https://www.moneyclaim.gov.uk/web/mcol/welcome

But you must exhaust the companies complaints procedure first.

Yes they do have to pay your costs if you win but the £25 isn't the end of it, if they defend the claim there are further costs, just so you are warned.

 

[rednova]

Isn't the mouse only 3 months old?

You can start a small claim online at

But you must exhaust the companies complaints procedure first.

Yes they do have to pay your costs if you win but the £25 isn't the end of it, if they defend the claim there are further costs, just so you are warned.

Yes the replacement is less than 3 months old. I still have the emails where they told me they were sending me the replacement on gmail:

Dear [...],

The product KB-003-RC on RMA [...] has been replaced, this will be sent on a new order with order number [...].

This will be despatched as soon as possible, subject to stock availability.

Regards,
Overclockers UK - Support
WebNotes:- https://www.overclockers.co.uk/webnote.php
Telephone:- 0871 200 5053

PLEASE DO NOT REPLY TO THIS AUTOMATED EMAIL

^ Email is dated 27/11/2012

 

[Witch consumer]

Then it's worth sending them a copy of that email with a note saying it's not 6 months old and asking them what their official complaints procedure is

 

[ALewis]

You should also mention that any internal procedures are not of your concern and you should not be left without whilst they do what they do.