The Nvidia Defect Forum

My response from Ebuyer

I apologise for the delay in responding to your enote.

I have looked into this matter for you.

I understand from your reply that HP have offered to exchange or replace
this item for you.

As per the Sale of Goods Act, if a repair or replacement of the laptop can
be obtained you would not be able to demand a refund of the product.

To this end, we kindly refer you to the manufacturer as this will
invariably be dealt with a lot quicker if you send it to them directly now
that HP have agreed to resolve this for you.

EBuyer would like to offer sincere apologies for any inconvenience you may
have been caused however as agreed to in our Terms and Conditions, we are
not responsible for any indirect or consequential losses.

UNBELIVABLE.

Hello Mitch,



Precisely!

Why can't Ebuyer deal with HP? After all, HP are acting on Ebuyer's behalf and your contract is, in law, with Ebuyer.

In any event HP have only stated that they will "repair of replace" the laptop. What guarantee's does the repair come with? Why have Ebuyer refunded so many of your model of laptop if a repair was available?

With what would HP replace the laptop with? They have not elaborated on this point.

I would tell Ebuyer that it is them that should be sorting this out and that they should refrain from fobbing you off to HP.



They are probably quoting from their current Terms And Conditions Of Sale and not the one that was in force at the time you purchased.

I am guessing you purchased around 2008 so I went to the Wayback Archive (http://wayback.archive.org/web/) to take a look at how the Ebuyer Terms And Conditions looked at that time.

I found this:- http://tinyurl.com/3wuryo4

This is an extract from those T&C's



So, there is no mention there of any direct or indirect losses and those are the T&C's that you agreed to at the time of purchase. It is irrelevant what the T&C's state now.

I would now get back onto Ebuyer with the above and would point out their oversight.

What do you think?

Best wishes

Paul
The Admin Team

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Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.

Well ive phoned ebuyer and am no further forward.

They advise their T&C from 2008 did cover them for consequential loss claims

They advise that they will not refund more than £25 for engineers report

They advise that they will only repair or replace the laptop and the repair will come with the same warrenty that the laptop has ( which is None as its expired ), replacement will be same model

Ive spoken to trading standards who advise to send a recorded delivery letter before they will do the same and before I take court action.

Ebuyer also stated they were aware of this forum and that the opinions and advcie of lapcure were only that, opinions.

I told them that HP and ebuyer seem to have their head in the sand and knock Lapcure at every step despite the fact that Lapcure are the only party out the 3 without a vested interest ( as already paid) and the only ones who have actually had teh laptop in their hands to pass judgement.

Now need to find time to write letter of last 2 months events.

Hello Mitch,

Absolutely unbelievable!

I have again looked through their 2008 terms and conditions and cannot find any reference to the exclusion of consequential losses and so my original advice stands.



The advice I give is based on fact. Whilst I do give my opinion on certain issues it is wrong for Ebuyer to give the impression that the information here is not factual. I therefore find their statement to be both objectionable and trite.

You don't suppose this forum is getting to them do you?

Why can't they behave like the Staples or John Lewis's of this world instead of this kind of carry on?

Good luck with the letter and stick to your guns.

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================

If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.

An update.

I wrote a letter to their MD who passed off to their complaints team. They apologised for service or lack of however stuck to their guns about repair via HP.

I sent it in and they received on 17/08 and i got an email advising 3-5 days for processing.

Ive emailed complaints as didnt receive email with 3-5 or even 6 - 10 days. Again apologise for service received and advise they are processing return to HP ( sounds to me like ebuyer have sat on it for 12 working days)

Emailed complainst again today asking if this is what above means and asking why in my view my case is being mismanaged.

An update.

Despite being assured on several occasions by ebuyer that HP had told them the fault coudl be fixed, which has lead to this dragging on for months, HP have now apperently told ebuyer it cant be fixed and they have offfered me a partial refund of £182.?? plus additional £25 towards fault report.


Ive received plenty of apologies from ebuyer regarding the service ive received, however im still very frustrated by the whole scenario.

Ive not yet accepted the refund as I feel they should be refunding the whole £65 for the fault report and will be emailing them again tomorrow to encourage them to do so

For reference I paid £314 15th dec 2008

Hello Mitch,

How scandalous is that!

At least we know, for all future owners of that model of laptop that come to this forum, that HP have admitted that it cannot be repaired.

Please could you let me know the exact date of purchase, the date that you reported the failure and the price you paid and I will calculate whether their offer is good or not.

You should also pursue them for the full £65 for the report cost. They have refunded this many, many times but they just need pushing.

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================

If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.

edited previous post with price and purchase date

£314 15th Dec 2008

Given the problems ive had with them , not all of which ive posted, id like to think that they will refund the full £65 without too much pushing, however I highly doubt it.

Hello Mitch,

I take it that you reported the fault to Ebuyer in May 2011. If this is the case then based on the information that you have provided their offer is in line with what you would expect to receive.

But there is nothing within their offer to compensate you for the amount of time you have had to wait and had to be without a working laptop.

I would say that there has been a serious breach of the Sale Of Goods Act insofar as any offer of a resolution should not cause any undue inconvenience.

I would say that you have been unduly inconvenienced having had to wait months to be told what we knew from the onset.

I would therefore tell them that you are not happy with their offer and that you want a replacement laptop as compensation for the multiple breaches of the Sale Of Goods Act.

Remember, there was a breach of contract when it transpired that the laptop is inherently defective, then there is the breach of the Sales Of Goods Act because their offer of a resolution has been unduly inconvenient.

See what they say then let me know and I will advise further.

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================

If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.

An update

I agreed a refund of £182?? plus the full amount of the fault report £65.

I appreciate what Paul was saying re pushing for a new laptop for wasted time etc and if i hadnt bought a new laptop when this one went faulty I would have. In future ebuyer will not be a company i use unless its a last resort.

However the cheque for £247.?? has arrived, and in true glorious ebuyer fashion, wasnt signed so i have emailed them and await a response.