overclockers co uk refuses to send me a replacement, refunds instead

[watercooled]

TBH I've not dealt with them for a few years now so that may well be the case, but I'd still be hesitant to give them another try.

[Pob255]

Same, when I used to use them I really liked them, however it was not until I had my first major issue and had to RMA that I learnt how bad they where (at the time)

I don't know if this is what happened, but it wouldn't surprise me if, angrynerd originally asked for a replacement card only to get this email for a RMA refund instead and didn't spot it because he thought it was agreed on for a replacement.

At least that's almost exactly what happened to me in the past, I'd phone up or web message and be told one thing then get an email saying something something different.

[watercooled]

Yeah I was thinking the same thing.

[angrynerd]

It was my mistake - i am sorry, i should have been more paranoid,

after looking at that email twice and even asking a friend to look over it to see if he could find where it said that i want a refund i and him still couldnt find it. It appears the first couple of posters didnt spot it either, or didnt read it.

After i recognised the faulty card i send them the following message. I would have thought that the "get it fixed" part implied that i was looking for a replacement but silly me.

I am not from the UK, the general practice where i am from is to replace broken things. Never have i experienced a refund without explicit permission or lack of a proper replacement.

It´s a bit sad that my mistake cannot be resolved in a mutual way. I am only human, i am prone to mistakes but i cant feel that i got taken for a ride, especially considering there was no option to select if i want a replacement or a refund.

Hello,

one of the cards isnt working anymore, i get no signal.

Please let me know if you need further information and where i should ship it to get it fixed.

Greetings

[Saracen]

It was my mistake - i am sorry, i should have been more paranoid,

after looking at that email twice and even asking a friend to look over it to see if he could find where it said that i want a refund i and him still couldnt find it. It appears the first couple of posters didnt spot it either, or didnt read it.

After i recognised the faulty card i send them the following message. I would have thought that the "get it fixed" part implied that i was looking for a replacement but silly me.

I am not from the UK, the general practice where i am from is to replace broken things. Never have i experienced a refund without explicit permission or lack of a proper replacement.

It´s a bit sad that my mistake cannot be resolved in a mutual way. I am only human, i am prone to mistakes but i cant feel that i got taken for a ride, especially considering there was no option to select if i want a replacement or a refund.

I can understand why you feel aggrieved about this, but ....

- as for not being from the UK, that's hardly OcUK's fault, and they can't really be expected to know what common practices are in your home country. I mean, they're a UK company, operating in the UK. I don't want to seem harsh, but I'd expect them to operate within UK law, and as far as I can tell, they have.

- under UK law, you have a right to express a preference for a replacement or refund, but UK consumer law also explicitly states that they don't have to honour that wish, if to do so would be disproportionately expensive. If the product has gone up a lot in the meantime, that may well be "disproportionately expensive", compared to a refund.

- as for being resolved in a mutual way, I'd agree that that would obviously be both preferable and professional, but here, we can only comment on what we see and what we don't have is OcUK's side of the story. That makes it nearly impossible to have an opinion on whether they've been reasonable or not, in reaching "mutual" agreement. We, literally, don't have a clue on that, in this case.

[CAT-THE-FIFTH]

It could have been worse!! You could have got less money due to your three weeks of usage!!

[jim]

I know your posts is in jest mooseman, but I actually agree.

When it comes to it, angrynerd, you've bought a product that doesn't work. You've been given a refund, and are no worse off than you were when you started. Now you want to try and exploit a loophole in order to get back more money than you started off with.

If they were denying you a refund, then I would be right behind your argument, but right now it comes across as though you're trying to make a quick buck effectively. If the product you wanted is no longer available, find another one. It's not as if you need a very specific graphics card or your PC won't work.

[CAT-THE-FIFTH]

I know your posts is in jest mooseman, but I actually agree.

Up to a degree but Scan do operate this policy though at times. Of course I don't know whether it is implemented after a minimum time period.

TBH,both Amazon and Ebuyer seem to be the best for returns and refunds AFAIK.

[jim]

Oh I'm well aware of Scan's return policy, I've been subjected to it a few times.

Anyway, I'm sure there's enough OCUK vitriol in this forum to keep this thread going for a few days without bringing Scan into the equation

[angrynerd]

CAT-THE-FIFTH: I doubt that would be legal, considering the timeframe.

snootyjim: I do not understand your argument.

I was trying to get the product i bought replaced, i dont see how i could have profited from that in any way.

The product is still in stock and is still the same product. (i guess you could say that it isnt the same article since the price has changed but thats a moot point because the faulty card goes back to sapphire anyways....)


Saracen: You have been most helpful, please delete or close the topic.

[CAT-THE-FIFTH]

CAT-THE-FIFTH: I doubt that would be legal, considering the timeframe.

Like I said there might be a minimal time period. Anyway,many UK retailers have poor customer service IMHO. It even extends to companies like Canon and Apple too with their UK operations. There have been products recalled in the US due to faults and guess what?? The same affected products in the UK were not recalled. In the end you have to argue with the gits to get anything done or dig up the information yourself.

Whether you will get an HD5850 1GB might depend on whether Sapphire themselves have any more of the cards available. It could be the only stock available is from OcUK and they don't want to use this stock. It could be down to whatever arrangement they have with Sapphire for compensation.

TBH,open a thread on the OcUK support forums or even the main forum and you might get a better response.

[watercooled]

I know your posts is in jest mooseman, but I actually agree.

When it comes to it, angrynerd, you've bought a product that doesn't work. You've been given a refund, and are no worse off than you were when you started. Now you want to try and exploit a loophole in order to get back more money than you started off with.

If they were denying you a refund, then I would be right behind your argument, but right now it comes across as though you're trying to make a quick buck effectively. If the product you wanted is no longer available, find another one. It's not as if you need a very specific graphics card or your PC won't work.

I see it the opposite way - he's bought a graphics card for a good price and expected to be able to use it or at least have use of an equivalent card within the warranty period. Surely he hasn't deliberately made it fail to gain a profit? Now that £100 refund won't buy a card as fast as a 5850 so from his point of view, he's been done over. I.e. for reasons beyond his control, he's effectively lost money/the same money has depreciated in a way. He should have been explicitly asked if he wanted a replacement/refund, rather than the shop picking the one they will benefit the most from (they will probably get a replacement and be able to sell it at an inflated price). Fair enough if none of the cards were available, but they are still in stock.

[NoPrisoners]

Ocuk have actually improved, hard to believe but they have. I took a chance and have had an excellent experience with them.

Really? I have mostly had bad experiences when dealing with their customer service, but it has been a few years since I dared to use them.

[Saracen]

I see it the opposite way - he's bought a graphics card for a good price and expected to be able to use it or at least have use of an equivalent card within the warranty period. Surely he hasn't deliberately made it fail to gain a profit? Now that £100 refund won't buy a card as fast as a 5850 so from his point of view, he's been done over. I.e. for reasons beyond his control, he's effectively lost money/the same money has depreciated in a way. He should have been explicitly asked if he wanted a replacement/refund, rather than the shop picking the one they will benefit the most from (they will probably get a replacement and be able to sell it at an inflated price). Fair enough if none of the cards were available, but they are still in stock.

I agree with that, but can see the other side too.

But here's a question ....

If the consumer buys a card, has problems with it and gets a refund, are they going to be happy if the money they get back is what that card would cost if it's gone down in the meantime? My bet is that, in that situation, most people would want back what they paid, not what the card costs now, or they'd want a better card that now costs what the old one cost when bought.

I've lost count of how many times I've bought some computer component, only to see it replaced weeks or even days later, with a faster, more capable version at the same price, immediately devaluing the one I bought.

So, somewhere along the line, we have to accept that sometimes, things will work out in a way that isn't to our advantage. While I can sympathise with why angrynerd would feel ripped off by this, the principle is that if you effectively cancel a contract, both sides are put back into the position they'd be in had the contract never taken place. By expecting OcUK to refund more than was paid to reflect the card having increased in the mean time, the inference is not that a card was bought, but that a card with some kind of insurance against unknown and unpredictable changes in price built-in was bought.

Yes, a consumer is entitled to request a replacement card if it's not disproportionately expensive, compared to refund. Perhaps it is. But unless we're all prepared to accept refunds of market value when prices have gone down, we shouldn't expect refunds at market value when prices have (unusually, I might add) gone up.

[watercooled]

Oh I understand both sides of the argument, one side is going to be left unhappy either way. I'm not suggesting the market value should impact the refund amount - that could cause all sorts of problems - rather they should have properly agreed on whether he wanted refund/replace.

I'm assuming the demand for 58xx by Bitcoin miners (and lack of supply) has driven the prices up, but it's counter-productive paying that much more, especially considering how bitcoins are harder to mine now. I mean 5870s are on sale for >£300 now??? Unless you need that exact card for a system for whatever reason, why on Earth would you pay that much?

[Saracen]

Oh I understand both sides of the argument, one side is going to be left unhappy either way. I'm not suggesting the market value should impact the refund amount - that could cause all sorts of problems - rather they should have properly agreed on whether he wanted refund/replace.
....

On that last point, and with greatest respect to angrynerd, I've no idea what was or wasn't properly agreed. I've no idea what OcUKs RMA system is, having not bought anything from them in many years, and having never used their RMA system.

That's why I said earlier that we, or at least I, don't know their side. Maybe there's a check box or drop-down defaulted to that. Maybe their T&Cs give them the right to choose. Maybe someone there goofed and clicked the wrong option. I don't know. Or maybe it's simply the change in price that's behind it. If so, it could be that they have that board in stock, but that it cost them a lot more than the one originally sold did, and that they'd take a hit if directly replacing it. There's a lot of maybe's, because I just don't know.