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Amazon UK issue

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  • 30-08-2016 7:33pm
    #1
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭


    Hi all. Bought a SSD for 70 GBP back in April 2015. It's developed a fault and is unreadable. Seems to be a common issue with this drive. Got on to Amazon UK who insisted because it is over a year old I must contact the manufacturer. Amazon offered me 40 GBP Amazon credit and stated that as I had gotten 16ish month of use out of it that even if I could prove the fault was there from the start that is all they would offer me.

    What are the next steps, given this was bought from the UK and I am in Ireland.


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    #2
    former total
    Closed Accounts Posts: 3,536 ✭✭✭former total


    runawaybishop wrote: »
    Hi all. Bought a SSD for 70 GBP back in April 2015. It's developed a fault and is unreadable. Seems to be a common issue with this drive. Got on to Amazon UK who insisted because it is over a year old I must contact the manufacturer. Amazon offered me 40 GBP Amazon credit and stated that as I had gotten 16ish month of use out of it that even if I could prove the fault was there from the start that is all they would offer me.

    What are the next steps, given this was bought from the UK and I am in Ireland.

    Amazon are within their rights to offer a partial refund.

    Technically your contract is with them and not the manufacturer but I think they're offering a fair amount.

    My advice is to take the Amazon credit and then contact the manufacturer anyway.


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    #3
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Have you even contacted the manufacturer? Considering Amazon don't troubleshoot issues and that the manufacturer may be able to resolve the issue without a replacement/repair.

    If you've contacted the manufacturer what did they advise?


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    #4
    theteal
    Registered Users Posts: 7,593 ✭✭✭theteal


    40 back after 16 months use is about right I'd say. The way SSD prices have dropped since then I'm sure you could find an adequate replacement at little to no further cost to you.


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    #5
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Yeah i am on to the manufacturer but they are poor to respond. I wanted to exhaust my options with the seller before relying on them. I am quite confident the drive is faulty and was surprised when amazon washed their hands of it because it was purchased over a year ago.


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    #6
    whiterebel
    Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,931 Mod ✭✭✭✭whiterebel


    runawaybishop wrote: »
    Yeah i am on to the manufacturer but they are poor to respond. I wanted to exhaust my options with the seller before relying on them. I am quite confident the drive is faulty and was surprised when amazon washed their hands of it because it was purchased over a year ago.

    They didn't really wash their hands of it, they offered you nearly 60% of the purchase price. If you pursued a claim in SCC that might be all you would get anyway.


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    #7
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    whiterebel wrote: »
    They didn't really wash their hands of it, they offered you nearly 60% of the purchase price. If you pursued a claim in SCC that might be all you would get anyway.

    Sorry, for clarity initially Amazon told me i was out of luck and they would have nothing to do with it as it was more than 1 year old. When i complained i was eventually offered 40 GBP in credit and told that even if i could show the fault was inherent that was all i was entitled to, which i didn't think was correct.
    Amazon wrote:
    Please note, however, that our original offer has been calculated on the assumption that the fault is inherent and will therefore remain the same.


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    #8
    whiterebel
    Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,931 Mod ✭✭✭✭whiterebel


    runawaybishop wrote: »
    Sorry, for clarity initially Amazon told me i was out of luck and they would have nothing to do with it as it was more than 1 year old. When i complained i was eventually offered 40 GBP in credit and told that even if i could show the fault was inherent that was all i was entitled to, which i didn't think was correct.

    Argos, Currys, HN would probably fight you off from the beginning as well. Argos have the best customer service of the lot from my experience. I'd still take the £40 on offer, but only because its such a relatively small value.


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    #9
    L1011
    Registered Users Posts: 69,028 ✭✭✭✭L1011


    A £70 SSD over a year ago was not precisely high end. While you may have a case its going to cost you a lot of time and effort and for something that was never high quality. Take the €40 and buy something else - with a manufacturer backed warranty if you want.


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    #10
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Amazon wrote:
    Please note, however, that our original offer has been calculated on the assumption that the fault is inherent and will therefore remain the same.

    So amazon are correct to state this?

    The sum of money isn't really the issue here.


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    #11
    AlmightyCushion
    Moderators, Education Moderators, Technology & Internet Moderators Posts: 35,080 Mod ✭✭✭✭AlmightyCushion


    Having owned a lot of SSDs over the years, it is not the norm for them to fail in that time. I've even owned OCZ drives which are known for poor quality and higher than the norm failure rates and if one of those died after a year and a bit I'd be annoyed. I don't think you should be out of pocket for this. If 40 quid lets you get a similar SSD then fine but otherwise I'd keep pushing it with Amazon. Ask to escalate it to a supervisor if needs be.


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    #12
    Stuxnet
    Registered Users Posts: 3,735 ✭✭✭Stuxnet


    Take the 40 and grab Crucial ssd off amazon , cheap and excellent ssd's Ive had one in my sons pc and a laptop for years, never an issue


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    #13
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    AlmightyCushion wrote: »
    Having owned a lot of SSDs over the years, it is not the norm for them to fail in that time. I've even owned OCZ drives which are known for poor quality and higher than the norm failure rates and if one of those died after a year and a bit I'd be annoyed. I don't think you should be out of pocket for this. If 40 quid lets you get a similar SSD then fine but otherwise I'd keep pushing it with Amazon. Ask to escalate it to a supervisor if needs be.

    Yup, its an OCZ drive. Have already escalated it as initially i was told its not their problem. Here's the response to the escalation
    Amazon wrote:
    Further to our conversation on the phone today I was disappointed to learn about the issues you've had with your OCZ Hard Drive received on 6 May 2015

    Under European Law customers may make a claim in respect of defective goods for a period of at least two years (under UK Law the maximum period is 6 years).

    This does not imply that an item has a warranty of two years or six years respectively but permits an individual to make a claim under certain circumstances within that time period.

    Amazon do not provide the warranty for this item. However, we do have certain obligations under the Sale of Goods Act which grants recourse against a seller of goods if those goods were defective at the time of purchase (i.e. if there was an inherent fault in the goods). This may include, in certain circumstances, repair, refund or replacement, but only to the extent that doing so is not disproportionate to the value of the goods, having regard to the use the customer has already had of the goods and the nature of the goods. In addition, in order to be entitled to any repair, refund or replacement 6 months or more after purchase of goods, you must be able to provide evidence that the product was defective at the time of purchase.

    For more information on your rights under the Sale of Goods Act you can contact your local Trading Standards Office.

    You purchased your product approximately 15 months ago and, until recently, have used it successfully and reported no fault with the product until now. In particular, you have had satisfactory use of the product for a period of time which exceeds the manufacturer's warranty period. As such, you are not entitled to a replacement or refund of the replacement value.

    However, in this circumstance as a measure of goodwill, I've applied an Amazon.co.uk Gift Card to the value of £40 to your account.

    If an independent report confirming an inherent fault is provided we will highlight this to the appropriate internal teams and our supplier. Please note, however, that our original offer has been calculated on the assumption that the fault is inherent and will therefore remain the same.

    I appreciate this isn't the outcome you hoped for and apologise for any disappointment this may cause.

    We will not be able to offer any additional insight or action on these matters.

    My query is if amazon are correct in what they are saying, in particular the bit in bold above.


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    #14
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    runawaybishop wrote: »
    My query is if amazon are correct in what they are saying, in particular the bit in bold above.

    Correct in what regard?

    You have been offered a resolution that seems reasonable. It's not the no quibble I'm used to with Amazon but there we go. Can you not get a superior product for the £40 to the one originally purchased?


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    #15
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Kings Inns or bust wrote: »
    Correct in what regard?

    You have been offered a resolution that seems reasonable. It's not the no quibble I'm used to with Amazon but there we go. Can you not get a superior product for the £40 to the one originally purchased?

    Correct in saying that if the fault is inherent they still don't have to do anything else. I would have assumed that if a fault is inherent that a device that fails in 15 months should be fully refunded. Maybe i am not right here and the partial refund offered is sufficient?

    Just to reiterate, i am specifically interested in people opinions if this is correct. I appreciate the advise to speak to the manufacturer or get a new drive etc.


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    #16
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    runawaybishop wrote: »
    Correct in saying that if the fault is inherent they still don't have to do anything else. I would have assumed that if a fault is inherent that a device that fails in 15 months should be fully refunded. Maybe i am not right here and the partial refund offered is sufficient?

    Just to reiterate, i am specifically interested in people opinions if this is correct. I appreciate the advise to speak to the manufacturer or get a new drive etc.

    I can't believe I'm going to repeat this mantra but repair, replacement or refund. Can an equivalent or better drive now be purchased for £40? If not then no Amazon are not covered, assuming they concede the fault was there to start with AND it's judged to be a material defect. They, rather cleverly hedged in the linked email.

    If Yes then they're fully covered if perhaps not in the most efficient way.


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    #17
    ohnonotgmail
    Registered Users Posts: 40,459 ✭✭✭✭ohnonotgmail


    runawaybishop wrote: »
    Correct in saying that if the fault is inherent they still don't have to do anything else. I would have assumed that if a fault is inherent that a device that fails in 15 months should be fully refunded. Maybe i am not right here and the partial refund offered is sufficient?

    Just to reiterate, i am specifically interested in people opinions if this is correct. I appreciate the advise to speak to the manufacturer or get a new drive etc.


    first off it will be nigh on impossible for you to prove that the fault was inherent. SSDs have a working life. Yours was just a bit shorter than the norm. you should also know that you have no entitlement to a refund. they are within their rights to offer you a replacement. given how much the prices of SSDs have dropped in the last 15 months. an offer of 60% of the price you paid is essentially a replacement.


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    #18
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Kings Inns or bust wrote: »
    Can an equivalent or better drive now be purchased for £40?

    Nope.

    So, next steps?


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    #19
    ohnonotgmail
    Registered Users Posts: 40,459 ✭✭✭✭ohnonotgmail


    runawaybishop wrote: »
    Nope.

    So, next steps?


    really? unless you bought the item at a significant discount then i find that hard to believe.

    ETA: your next step is here http://www.citizensinformation.ie/en/justice/courts_system/european_small_claims_procedure.html

    it costs €25. not sure it really makes sense to go down that route.


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    #20
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    ohnonotgmail wrote: »
    really? unless you bought the item at a significant discount then i find that hard to believe.

    Yeah the price was very good when i picked it up.


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    #21
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    runawaybishop wrote: »
    Nope.

    So, next steps?

    Commission an independent report from a respected engineer in the field proving the device was faulty from the get go - the EU jurisprudence is quite stark on this point the burden shifts after 6 months.

    Forward all the paperwork on to the District Court, the most efficient way to do that would be through the European small claims procedure. I believe the cost is still €25 but the local registrar will advise you.


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    #22
    former total
    Closed Accounts Posts: 3,536 ✭✭✭former total


    runawaybishop wrote: »
    Nope.

    So, next steps?

    The absolute maximum you can get is £70. Amazon are offering £40. So your absolute best-case gain is £30, with low probability of that.

    For all the hoops you would have to jump through and the associated waste of time and money, would you be bothered? For the sake of £30?

    Amazon have gone above and beyond what they are obliged to do, their customer service is always excellent.


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    #23
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    former total wrote: »
    The absolute maximum you can get is £70. Amazon are offering £40. So your absolute best-case gain is £30, with low probability of that.

    For all the hoops you would have to jump through and the associated waste of time and money, would you be bothered? For the sake of £30?

    Amazon have gone above and beyond what they are obliged to do, their customer service is always excellent.

    Above and beyond? How so?

    For the sake of 30 GBP no, I'm not going to go engaging an independent report. But it seems very very easy for Amazon to wash their hands with no real comeback.


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    #24
    A Dub in Glasgo
    Registered Users Posts: 17,227 ✭✭✭✭A Dub in Glasgo


    I hope you left yourself open to accepting the offer from Amazon rather than tell them you will see them in court. I cannot believe you are dithering over this


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    #25
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    A Dub in Glasgo wrote: »
    I hope you left yourself open to accepting the offer from Amazon rather than tell them you will see them in court. I cannot believe you are dithering over this

    It's already in my account, I didn't need to accept it.


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    #26
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    runawaybishop wrote: »
    Above and beyond? How so?

    For the sake of 30 GBP no, I'm not going to go engaging an independent report. But it seems very very easy for Amazon to wash their hands with no real comeback.

    To a point. Again while I understand you're aggrieved they haven't washed their hands of it.


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