Am I wrong to expect a refund after 7 months of ownership

[ellisdj]

I dont want to name and shame - however I bought something 7 months ago.

I contacted the seller the day I got it exaplaining I thought it was faulty. I managed to get it to work - it works fine a lot of time but I have also had a lot of problems with it. I have explained on several occaisions to the seller the problems I have been having, I was offered a replacement or a different unit at higher cost.

When its working its great, I really dont want to send it back, however yesterday it came to a head that when I was trying to reset it to try and get it to work again I managed to damage another product.

The other product should not damage in this way and will be covered under warranty but the effort stress and cost to me of getting it out, shipped off, replaced, and put back how it was will be high and my confidence is down in this product as well.

However I know for a fact it was working perfectly before and is only damaged because I have had to mess about so much with the first product its got pulled about and damaged this way.

I asked the seller retailer for a refund now as its the culmination of a series of problems I reported from day 1 and I am worried it might happen agaoin

The seller will have the unit back but doesnt seem keen on the idea of refunding me.

Am I in the wrong to expect a refund now?

 

[Matte]

I dont want to name and shame - however I bought something 7 months ago.

I contacted the seller the day I got it exaplaining I thought it was faulty. I managed to get it to work - it works fine a lot of time but I have also had a lot of problems with it. I have explained on several occaisions to the seller the problems I have been having, I was offered a replacement or a different unit at higher cost.

When its working its great, I really dont want to send it back, however yesterday it came to a head that when I was trying to reset it to try and get it to work again I managed to damage another product.

The other product should not damage in this way and will be covered under warranty but the effort stress and cost to me of getting it out, shipped off, replaced, and put back how it was will be high and my confidence is down in this product as well.

However I know for a fact it was working perfectly before and is only damaged because I have had to mess about so much with the first product its got pulled about and damaged this way.

I asked the seller retailer for a refund now as its the culmination of a series of problems I reported from day 1 and I am worried it might happen agaoin

The seller will have the unit back but doesnt seem keen on the idea of refunding me.

Am I in the wrong to expect a refund now?

It's irrelevant what has happen to the other kit. After 7 months unless the fault can be proven to be at manufacture, a replacement of repair is fair. Under European law you can get a new item within a two year period, U.K. Law would be 6 years if the fault is at manufacture, with a refund or replacement at a pro rata rate.

 

[bigboss]

Until 6 months, the onus is on the retailer to prove its not a manufacturing defect, and after 6 months, the onus is on the consumer to prove that it is a manufacturing defect. If you have been in touch with the retailer for the same issue within 6 months of ownership, then it's the retailer to sort this.

What product is it?

 

[ellisdj]

Its a darbee dvp 5000s bought from ideal av the distributor.

I asked for more time to assess the unit because it does work most of time and i really like it.

Allan seems to think its the fault of my hdmi cable a lindy 20m fibre hybrid that got broke yesterday trying to the reset the darbee.

Well i have been out tiday and bought a differrnt 10m hdmi cable watched a film fine. Watched 1 episode of luke cage on netflix fine.

Now in the second episode the picture has dropped out twice making content unwatchable.

Its not right at all and i am asking for a refund as a result of me making him aware of the problem straight away.

He thinks the unit wont be faulty and its something my end at fault so a replacement will likely have the same issue thats the only reason i am not asking for a replacement

 

[bigboss]

How soon did you make him aware of the problem? The seller is well within his right to offer a replacement in the first instance as far as I'm aware. If the issue happens again and you're convinced there's no issue with rest of your system (if other equipments work flawlessly), then it'll be fair to ask for a refund.

 

[ellisdj]

I made him aware the day i got it. It had the problems straight away all documented in a avf conversation.

I figured i would get to the bottom of it and fix it - like using a certain power on order etc. It was worth suffering the odd power cycle for the benefit to the picture but it seems to have got a kot worse over the time.

Cheers BB i am sending it back next week and lets see how it goes from there. I just thought i would check to see if i am being unreasonable and expecting too much.

 

[Deleted member 2457]

I would want a refund too.

 

[chebby]

I would want a refund too.

Well you can't. It belongs to Ellis.

 

[Benedict_Arnold]

I made him aware the day i got it. It had the problems straight away all documented in a avf conversation.

I figured i would get to the bottom of it and fix it - like using a certain power on order etc. It was worth suffering the odd power cycle for the benefit to the picture but it seems to have got a kot worse over the time.

Cheers BB i am sending it back next week and lets see how it goes from there. I just thought i would check to see if i am being unreasonable and expecting too much.

When you send it back, be sure to include a letter detailing all the faults, when you first reported them, etc. in chronological order. Keep a copy of the letter and take photos of everything as you pack it, packed, and dropped off at the Post office or retailer. As a word to the wise, would take anything iffy back to the retailer the moment the problems start to appear and not be fobbed off with "they all do that" or "it's still running in" bull-erm-stuff from the retailer. The longer you leave it and the more bull-erm-stuff you accept, the harder it will be to win in a small claims action should it come to that.

 

[Frank Harvey]

I would want a refund too.

Well you can't. It belongs to Ellis.

*biggrin*

 

[bigboss]

I made him aware the day i got it. It had the problems straight away all documented in a avf conversation.

I figured i would get to the bottom of it and fix it - like using a certain power on order etc. It was worth suffering the odd power cycle for the benefit to the picture but it seems to have got a kot worse over the time.

Cheers BB i am sending it back next week and lets see how it goes from there. I just thought i would check to see if i am being unreasonable and expecting too much.

All documented from day 1, then yes you are entitled to a full refund.

 

[bigboss]

I would want a refund too.  

Well you can't. It belongs to Ellis.

 

[ellisdj]

I dont actually want a refund i want the product but feel caught between rock and... have since the start.

After the other product expensive hdmi cable got broke that is all installed in and means a ton of work and cost getting it out and back in again and put back in i thought enough is enough and asked for a refund out of stress of the situation.

The retailer is not offering a refund and i took that personally as i dont think he is seeing it from my side.

Obviously its just my word at this stage but i wouldnt be bothered by this for nothing.

I am the one who has lost out here. Lost out on the original product i bought and want but doesnt work properly in my system. The system is made up of all quality components nothing outside commercially available high quality kit.
I have also lost out on the other damage overall hassle and stress and cost of the return postage

So i am at a pure loss here either way and a bit of good will in that situation would go al long way. The cost of the unit / amount refunfed £100 ish is insignificant to me its the principle really.

 

[Diamond Joe]

I would want a refund too.

Well you can't. It belongs to Ellis.

Haha very funny chebby *biggrin*

 

[Benedict_Arnold]

The seller is well within his right to offer a replacement in the first instance as far as I'm aware.

Actually, no. The Law,, at least as it used to be under The Sale of Goods Act, is that the buyer is entitled to a full refund if the good are of "unmerchantable quality" or "unfit for service" (e.g. they're boroken on delivery, break down, fall apart or don't do what they're advertised as doing).

Similar provisions apply / applied under The Supply of Goods and Services Act.

If the buyer chooses emphasise CHOOSES to spend the refund on a replacement, he or she is entitled BT not compelled so to do. The vendor is breaking the law if he or she does not offer a refund and insists only on a replacement.

This also applies to used goods, by the way, with due allowances for age, condition and expected service life.

 

[Deleted member 2457]

I would want a refund too.

Well you can't. It belongs to Ellis.

*biggrin*

 

[Series1boy]

I would want a refund too.

Well you can't. It belongs to Ellis.

*biggrin*

 

[Samd]

The seller is well within his right to offer a replacement in the first instance as far as I'm aware.

Actually, no. The Law,, at least as it used to be under The Sale of Goods Act, is that the buyer is entitled to a full refund if the good are of "unmerchantable quality" or "unfit for service" (e.g. they're boroken on delivery, break down, fall apart or don't do what they're advertised as doing).

Similar provisions apply / applied under The Supply of Goods and Services Act.

If the buyer chooses emphasise CHOOSES to spend the refund on a replacement, he or she is entitled BT not compelled so to do. The vendor is breaking the law if he or she does not offer a refund and insists only on a replacement.

This also applies to used goods, by the way, with due allowances for age, condition and expected service life.

Sale of goods act no longer applies as Consumer Rights Act effective Oct 15. 30 day rule applies in that rejection of faulty item within that period carries with it the right to full refund (cars not full) but after 30 days the purchaser has to give the supplier option of repair or replace.

All that said I don't know whether this object is classed as rejected if the purchaser carries on using it! Still agree that goodwill in this case should overule whatever the new act says.

 

[Benedict_Arnold]

I stand updated....

Shows how long I've been out of the UK.

 

[ideal av]

so am i allowed to respond seeing as the OP has decided to name and shame *wink*

is this what your all waiting for *biggrin*

Allan

 

[Deleted member 2457]

so am i allowed to respond seeing as the OP has decided to name and shame *wink*

is this what your all waiting for *biggrin*

Allan

Don't see why not Al.

 

[ellisdj]

Video of the problem 1

https://youtu.be/w8oeI_xq8sc

Video of the problem 2

https://youtu.be/KNhqdBKDX6Q

 

[ellisdj]

Video of the problem 3 most detailed one

Would anyone agree this looks right??

https://youtu.be/OH_lFGE8HLA

 

[Benedict_Arnold]

I would want a refund too.  

When they see you coming ng, the staff lock the doors, turn out the lights and hide in the basement...

 

[bigboss]

so am i allowed to respond seeing as the OP has decided to name and shame *wink*

is this what your all waiting for *biggrin*

Allan 

I don't think ellisdj is naming and shaming at all. At no stage has he made any negative personal comments.