Do my refund rights apply with eBuyer?

  Handy Spinner 13:03 27 Feb 06
Locked

I'm having grief with ebuyer, who won't accept my hard drives back for a refund. (From my findings, the Maxtor hard drives have an inherent compatibility fault with the nForce 4 chipset - but that's another story. I don't feel inclined to spend much more time flashing the firmware, etc.)

As far as I can see, the Sale of Goods Act permits me to return the goods for a full refund with "a reasonable time". Since I bought the goods in December and only managed last week to identify with a fair level of certainty that they were the cause of the problem, I feel that this is a "reasonable time".

I don't want a replacement/repair. I've had enough of Maxtor drives and intend to purchase a couple of Seagates or Western Digitals from ebuyer instead.

ebuyer won't let me, though. Their online return system says that I can't, since it's past the 28 days since purchase. Their 'customer service' just tells me that it's past 28 days and that since I agreed to their terms and conditions, I can't have a refund, even though I said I want a refund which I will then spend with them.

What are my rights? What should I do? Can I press for a refund?

  rmcqua 13:08 27 Feb 06

To try and keep it amicable with them, why not try asking for replacement Seagate/WD drives, and agree to pay any difference in price?

  namtas 13:24 27 Feb 06

I do not profess to know the law, but as far as I undestand unless the item purchased is suspected as faulty then you can not demand your money refunded. A supplier may return it to stock they are not by law obliged to. Usually a good retailer will try to keep good customer relations and will offer a alternative or a voucher.

I am sure that as you are quite clearly are prepared to do business you need to get to speak to someone in authority, be calm and state your case, in some cases you might be better writing. Good luck.

  Handy Spinner 13:33 27 Feb 06

I do suspect them to be faulty. Surely the fact that it's an inherent manfaucturing compatibility fault is irrelevant - I could hardly be expected to have know that they have such a fault at the time of purchase!

  €dstowe 14:04 27 Feb 06

If you believe there is an inherent fault in an item, I am certain the manufacturer would be very interested in knowing about it - after all, it will potentially prevent sales of his product. Have you contacted Maxtor on this?

  rmcqua 14:05 27 Feb 06

I can't help but think that, if there is a fundamental incompatibility issue between the Maxtor drives and m/boards with the nForce4 chipset, then these forums would be flooded with hundreds of similar complaints.
Are you sure? How can you be so sure? (quote from the movie "My Cousin Vinny")

  Handy Spinner 14:08 27 Feb 06

Follow the links...

click here

click here

...yes, I'm pretty sure.

  jimv7 15:00 27 Feb 06

If your hard drive has a fault, then ebuyer should replace it.

If it is a percieved fault because some else has a fault then you are on sticky ground.

If it works leave well alone.

I only have maxtor's in my puter and have never had a problem, 1x60gb ide and 2xsata 160's.

  Handy Spinner 15:07 27 Feb 06

That fact is that my computer is not working properly, and I believe I have finally tracked it down to the hard drives. Since other people have experienced the same problem I believe mine is down to the same issue - reasonably I believe.

I have used Maxtors before with no problem but this has put me off using them in future.

  spuds 15:37 27 Feb 06

Trading Standards click here

ConsumerDirect click here

How to complain click here

Distance Selling click here

  Totally-braindead 19:33 27 Feb 06

I have a Maxtor hard drive running on a GeForce 4 motherboard and its fine. That aside I don't like Ebuyer and don't use them any more but I am fairly sure they are within their rights to refuse to refund you after 30 days I'm fairly sure they are only legally obligated to replace said drives, and if your diagnosis is correct then you would have the same problem with the replacement drives.

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