The Law: Online Vouchers vs Refunds

Heofz

Heofz

Heofz

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Joined
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London, UK
Just to prevent any confusion, this is not about OcUK, but a different online retailer. I was hoping somebody could give me some advice regarding where I stand, legally?

I ordered a motherboard at the beginning of feb (£230) [ASUS Striker Extreme], 2 months later, it failed ["CPU INIT" error].

I sent the mobo back to online retailer for RMA on the 17th April, where they kept it for nearly 3 months! (they still have it, even now).

The annoying thing is they have had replacement stock the whole time so they could have replaced it the next day, but instead they decided to keep the faulty product in their possession for as long as possible (despite the problem being irreparable) while keeping me waiting for this entire duration.

After numerous chase emails, phone calls, and idle threats to take them to small claims court, they finally decided to have a look at my issue, and a day later (i.e. only YESTERDAY) issued me a voucher to spend on their website for £230.

I DONT WANT A VOUCHER, THEIR CUSTOMER SERVICE ******* SUCKS. I WANT TO TAKE MY MONEY ELSEWHERE.

I think one argument they are trying to use for not giving me a refund is that its been such a long time since the motherboard was purchased (5 months), but I don't think it is fair to do that when you consider that nearly 3 out of those 5 months involved my RMA'd mobo sitting on a shelf in their office doing **** all.

3 months is a long time to wait for a replacement motherboard, especially if that motherboard belongs in your primary system. Therefore I had to purchase a replacement, and thus want my money back for a motherboard I will never see again.

Do I have a right to a full refund instead of this voucher rubbish? After all the product is not "fit for purpose".

Unofficially, I believe the reason the company deliberately took their time was because they are actually based in France, and everyone knows the French hate the English :p

Any advice?
 
I say get in your car, drive to Dover get the ferry to France, and kick their white flag waving, horse eating, snail snacking arses in with with a keyboard! Once this is done, you can take your euros from the till and nonchalantly walk out of said shop, calming saying "au revior" as the door closes.

Job done.
 
nealw said:
I say get in your car, drive to Dover get the ferry to France, and kick their white flag waving, horse eating, snail snacking arses in with with a keyboard! Once this is done, you can take your euros from the till and nonchalantly walk out of said shop, calming saying "au revior" as the door closes.

Job done.
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I have to say the thought did cross my mind :)

JohnnyG said:
Are you sure it was your motherboard, that seems to be blaming your processor, innit.
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lol, trust me, it is, and always was, the motherboard ;)
 
My understanding of the SOGA means that you are entitled to a full refund for the item and not a credit note. Go back to them and say this.

Edit:

From: http://www.dti.gov.uk/consumers/fact-sheets/page38311.html

Q9. Must I accept a credit note instead of a refund?

It depends on why you want to return the goods.

• If you have changed your mind, then the shop doesn't have to do anything.

• But if the goods are faulty, incorrectly described or not fit for purpose, then you are entitled to your money back (provided you act quickly), and you certainly don't have to take a credit note

• If you do accept a credit note in these circumstances, watch out, as there may be restrictions on their use.

• If the shop displays a sign stating they only give credit notes instead of refunds, they might be breaking the law and you could report them to Consumer Direct on 08454 04 05 06. Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.

​

Burnsy
 
Update: right, i've emailed them back, if they give me any crap then I'll reply again with the following:

You have already violated Section 48B, part 2(b) of the Sale and Supply of Goods to Consumers Regulations 2002, which clearly states:

"If the buyer requires the seller to repair or replace the goods, the seller must repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer, and bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)"

Don't make the legal situation any worse for yourselves than it already is. Do the right thing.
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