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Thread: Forced Refund

  1. #17
    blueball
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    Re: Forced Refund

    Quote Originally Posted by Mick@SCAN View Post
    fisnik,

    I am sorry to hear that you are disappointed with the outcome, however we have offered a refund which is a fair amount more than what you are legally entitled to, this decision is final and the refund will be processed ASAP.

    Regards,
    Mmm, where did you do your customer skills course?

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    Re: Forced Refund

    I would have little confidence buying an XFX product any more.

    I have/had several and have given me no problem but seeing how many people here are given the long run around with xfx warranty and small refund amounts offered because the product 'is not economically repairable' simply isnt good enough customer service for me to warrant buying their product.

    If they truly are not able to repair it then an xfx product erring on the better side of nearest equivalent spec/performance should be offered alongside any refund and this should be made within a reasonable time frame.

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    Re: Forced Refund

    Legally you are entitled to a full refund of the ORIGINAL price (a percentage of a price? Give me a break, sorry Scan staff but your company is bending/breaking rules to suit and it's not right) via monies or credit, or a like-for-like replacement - refurbishments are acceptable, as would a similarly performing alternative product. This is from 10 years of experience in the warranty field and spending the last year working in insurance and warranty return fault diagnosis.

    Everyone can make mistakes though and I can only hope this is merely a mistake on Scans part, for the OP's sake. If not, I really do suggest speaking to the Office of Fair Trading on opening of business after this holiday period and taking it from there - they can be most helpful in these situations.

    Definitely worth seeing what XFX have to say though, most manufacturers have always been very good with this sort of thing; they don't want to lose face. I had a very similar issue with a Creative graphics card (going back to the days of Geforce 4) which Dabs, the supplier, couldn't see a fault with - yet Creative Labs sent a replacement before I had to return the original, and upon receipt they indeed found the fault and even sent me a voucher. That was WAY above the call of duty for them, I didn't press or ask for this level of service, they just did it, externally of Dabs.

    Scan - don't push your luck, please - you've a decent reputation, keep it that way!


    EDIT: Might be worth an apology from myself to Scan on this one: OP, there's an 8800GTS (EVGA) for sale on Scan at £51.74 inc VAT - cant post a URL as Im too new currently
    Last edited by synaesthesia; 25-12-2008 at 11:34 PM.

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    Re: Forced Refund

    Quote Originally Posted by synaesthesia View Post
    Legally you are entitled to a full refund of the ORIGINAL price (a percentage of a price? Give me a break, sorry Scan staff but your company is bending/breaking rules to suit and it's not right)
    Ugh, not this again.

    Can you please do a little bit of research on this? It's been covered many times. Coming into a thread and making legal claims which are so far off the mark it's unreal don't help anyone.

    The laws on refunds are complex and in some cases will need a judge to rule on them. There is certainly a place in the law for partial refunds.
    Quote Originally Posted by Saracen View Post
    And by trying to force me to like small pants, they've alienated me.

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    Re: Forced Refund

    I'm more versed on the legalities of warranties and refunds than most of the warranty departments of any retailer you can think of, thanks very much Yeah, there's a lot of vagueries and what if's involved, but that's by the by - the crux of the above post is correct. I'm not trying to be a thorn in anyone's side or saying anyone is wrong or right, I'm just stating what I've been legally trained in for several years to ensure someone is not getting their leg pulled.

    But as I've already stated, Scan are in a position to offer a direct, new replacement, even if it's a different brand - so that should be a good option to take for both parties involved.

  7. #23
    SiM
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    Re: Forced Refund

    Massive fail for the OP not taking the £57 and buying the above NEW one with a NEW warranty and still having some change!

  8. #24
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    Re: Forced Refund

    Quote Originally Posted by synaesthesia View Post
    I'm more versed on the legalities of warranties and refunds than most of the warranty departments of any retailer you can think of, thanks very much Yeah, there's a lot of vagueries and what if's involved, but that's by the by - the crux of the above post is correct. I'm not trying to be a thorn in anyone's side or saying anyone is wrong or right, I'm just stating what I've been legally trained in for several years to ensure someone is not getting their leg pulled.
    http://www.berr.gov.uk/files/file25486.pdf

    Page 4:

    If a product that was faulty at the time of
    sale is returned to the retailer, the buyer
    is legally entitled to:

    b a full refund, if this is within a reasonable
    time of the sale ("reasonable time" is not
    defined in law but is often quite short)
    ; or
    b a reasonable amount of compensation
    (or "damages") for up to six years from
    the date of sale (five years after discovery
    of the problem in Scotland)
    and

    Alternatively, consumers (see definition in
    the "Introduction") can choose to request
    instead:

    b a repair or replacement.
    The retailer can decline either of these if he
    can show that they are disproportionately
    costly in comparison with the alternative.
    However, any remedy must also be
    completed without significant
    inconvenience to the consumer. If neither
    repair nor replacement is realistically
    possible, consumers can request instead:

    b a partial or full refund, depending on
    what is reasonable in the circumstances.
    It may be the case that a full refund is not
    the reasonable option because the
    consumer will have enjoyed some benefit
    from the goods before the problem
    appeared. This needs to be taken into
    account before a reasonable partial refund
    can be assessed.
    Even with the refund though, the OP could have brought a new card of the equivalent specification.
    In response to:

    Legally you are entitled to a full refund of the ORIGINAL price (a percentage of a price? Give me a break, sorry Scan staff but your company is bending/breaking rules to suit and it's not right)

    Now would 1 year, 7 months be considered a "reasonable time" to apply for the full refund? I very much doubt that any judge would rule that.

    If you're that legally trained, can you please backup what you're saying in relation to this situation and the involved laws, because as far as I can see, this is not the case - although I'm more than happy to be proved wrong
    Quote Originally Posted by Saracen View Post
    And by trying to force me to like small pants, they've alienated me.

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    Re: Forced Refund

    Hmm, wow, didn't think this would end up so long winded. Anyway nevermind the intricacies of the law and all that. All I wanted was my card back instead of all the hassle. I really wouldn't have cared about the £5 or the extra warranty (will get £5-£10 after sending that one back in two years). As long as I had gotten my card back a week after sending it instead of a refund four weeks later (if I get it next week).

    As for the card being sold by Scan. I'm really surprised. Why didn't they just give me one instead of giving me the run around.

    And I really did look for one. How come when you click on GPU-NVIDIA it doesn't come up? I searched elsewhere on the net and all of them cost around £100. I guess that's the newer model that people are on about.

    As for:
    Massive fail for the OP not taking the £57 and buying the above NEW one with a NEW warranty and still having some change!

    Well as I said, the refund procedure started anyway. They didn't really listen. So that's what I'm gonna do. I'll buy another one. But as I said a quick replacement would have been better for me, personally.

  10. #26
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    Re: Forced Refund

    xfx are crap with rma's and often use this easy out. just dont buy xfx again and get a bfg card as they offer great support.

    even if scan were to offer another card you may end up with some c grade piece of crap like i did, in the end i took the money and went with BFG

    you also cant base the market value of the card new, its one of those things, scan got money so they pass it on, BFG would send a new card thats equal or better then.

    yet again i will say XFX are crap when it comes to end of life RMA's

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    Re: Forced Refund

    Fisnik get the refund and buy that EVGA card! Then you got £6 back

    Quote Originally Posted by GoNz0 View Post
    xfx are crap with rma's and often use this easy out. just dont buy xfx again and get a bfg card as they offer great support.

    even if scan were to offer another card you may end up with some c grade piece of crap like i did, in the end i took the money and went with BFG

    you also cant base the market value of the card new, its one of those things, scan got money so they pass it on, BFG would send a new card thats equal or better then.

    yet again i will say XFX are crap when it comes to end of life RMA's
    Yeap theres been a few of these threads now I've stopped counting. BFG are top notch, I got some support email replies from them today, on Christmas

    Makes me glad I stuck with them

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    Re: Forced Refund

    Quote Originally Posted by synaesthesia View Post
    Everyone can make mistakes though and I can only hope this is merely a mistake on Scans part, for the OP's sake. If not, I really do suggest speaking to the Office of Fair Trading on opening of business after this holiday period and taking it from there - they can be most helpful in these situations.
    Scan - don't push your luck, please - you've a decent reputation, keep it that way!


    i would certinly go to the office of fair traing, thats what i did, when i had a similar problem as this.
    They basically said that the more complaints they have the more they can do.

  13. #29
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    Re: Forced Refund

    They did nothing wrong!

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    Re: Forced Refund

    How does the ATi 4650 compare to the old GF8800GTS in real life/games?

    http://www.gpureview.com/show_cards....=580&card2=475

    For the 100w less peak power draw they are available slightly less than 50£

    Edit: http://en.hardspell.com/doc/showcont...30&pageid=3351
    gets bashed in benchmarks but not so bad in games but thats a ddr3 version, depends on what use/game/res and how important power consumption is to you then
    Last edited by rabbid; 26-12-2008 at 01:40 PM. Reason: add url

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    Re: Forced Refund

    Agent: fair play, however I'm versed in dealing with manufacturer returns with full manufacturer warranties - I'm not sure if the retail laws you supplied a link to should be the same as such - I imagine not.
    I'm certainly not going to go hunting for links, it's just not that important to me (or I'm too lazy, far too much Christmas Pudding) but in the same boat, it's quite possible I've forgotten something or misunderstood in the first place.
    Either way, I've apologised for being a bit blunt on Scan in the first place - I've not had the pleasure of dealing with XFX directly so no idea what they're like. And of course the OFT will be happy to provide guidance on the matter regardless of who's at fault, if anyone at all

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