Depreciated refund on tablet less than 12 months old

LosPrimos

I bought a Nvidia Shield tablet from a large computer supplier in the UK and was delivered to Ireland. It stopped charging at about 11 months old and sent it back for repair.

The manufacturer will not repair, and they are now offering a depreciated refund.
Is this normal ? I would have thought a full refund if its in warranty ? A

njs030

Yes thats reasonable, you've had 11 months of use from it.

gizmo81

LosPrimos wrote: »

I bought a Nvidia Shield tablet from a large computer supplier in the UK and was delivered to Ireland. It stopped charging at about 11 months old and sent it back for repair.

The manufacturer will not repair, and they are now offering a depreciated refund.
Is this normal ? I would have thought a full refund if its in warranty ? A

Products should be fit for purpose and I'd expect it to last longer than 11 months. UK law states:

If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund.

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

Pkiernan

notjustsweet wrote: »

Yes thats reasonable, you've had 11 months of use from it.

Not true.

If manufacturer won't repair they must offer refund or replacement, not partial refund.

Not sure how you could think otherwise.

njs030

gizmo81 wrote: »

Products should be fit for purpose and I'd expect it to last longer than 11 months. UK law states:

If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund.

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

I don't know how to bold on the mobile site but if I can draw attention to the part that says "up to 100% of the price you paid"
Quoted from a consumer rights page....

So yes they can do that. Of course it depends a lot on the condition of the laptop and what was wrong with it, what the buying cost was and what the partial refund amount is.

LosPrimos

Tablet was about £150 and they are offering 2/3 value. When something was faulty previously it always got repaired. So I am just making sure that everything is as it should be.

gizmo81

notjustsweet wrote: »

I don't know how to bold on the mobile site but if I can draw attention to the part that says "up to 100% of the price you paid"
Quoted from a consumer rights page....

So yes they can do that. Of course it depends a lot on the condition of the laptop and what was wrong with it, what the buying cost was and what the partial refund amount is.

To be honest I've never heard of the partial refund. I often use the six year rule and get products replaced.

In this instance, why won't they repair? or replace?

I always buy from more mainstream websites so maybe they are more flexible

L1011

Within that period of time I wouldn't accept it. After a few years its reasonable and often what you'd get in court; but first year and for an allegedly premium brand - nope.

LosPrimos

Its scan.co.uk. I am not saying they are not reputable or they are incorrect. I am just checking my facts.

njs030

gizmo81 wrote: »

To be honest I've never heard of the partial refund. I often use the six year rule and get products replaced.

In this instance, why won't they repair? or replace?

I always buy from more mainstream websites so maybe they are more flexible

I would guess (and it's just a guess!!!) that whatever the problem is the repair is worth less than the refund.
It's always the retailers choice to repair, replace or refund and I've seen before in situations where the repair will cost too much they go down one of the other options.
Perhaps they don't have the same machine to replace it with.
Op you could ask them why they aren't replacing it? If it's an option you would like?

Op it might be worth looking up your particular machine and seeing what the current sales price is. If it's selling for the £100 they are giving you then it's fair. If it's still selling at the £150 I'd suggest asking them to justify (in an email) the price difference.

runawaybishop

LosPrimos wrote: »

Its scan.co.uk. I am not saying they are not reputable or they are incorrect. I am just checking my facts.

It's still in warranty? Demand a full refund, you are entitled to one. I have had UK retailers try that partial refund nonsense but this item isn't even a year old.

colm_mcm

Has the product dropped in price since?

Still I thought you'd be entitled to one of the 3 R's

LosPrimos

They don't sell them anymore nvidia pulled the plug. Which is why its not getting repaired. Replacements are not really around anymore. I had a quick look on ebay and they are £300+.

I guess I am going to have to take it. Its just frustrating having to add more money to a replacement.

njs030

LosPrimos wrote: »

They don't sell them anymore nvidia pulled the plug. Which is why its not getting repaired. Replacements are not really around anymore. I had a quick look on ebay and they are £300+.

I guess I am going to have to take it. Its just frustrating having to add more money to a replacement.

Ask them can you have the partial refund and the laptop back to see can you get it repaired...no harm in trying!!

Xterminator

It's still in warranty? Demand a full refund, you are entitled to one.

here we go again. you do not have automatic entitlement to a refund. incorrect.

OP the above idea of getting the faulty product back and accepting the partial refund might interest you, but i would insist on one of the 3 r's
Repair/replace/refund.

you could suggest they offer you a tablet of similar spec if they cannot source a direct replacement. tell them you will not accept a partial refund, as it should have lasted longer than a year, it was not fit for purpose, and your next step will be to lodge a small claims case if you do not receive an offer you are satisfied with.

dudara

Xterminator wrote: »

you could suggest they offer you a tablet of similar spec if they cannot source a direct replacement. tell them you will not accept a partial refund, as it should have lasted longer than a year, it was not fit for purpose, and your next step will be to lodge a small claims case if you do not receive an offer you are satisfied with.

Agreed - this is good advice. If they can't repair, then it's refund or replacement. Any replacement should be of equivalent spec. In this case, as it's under a year old, I wouldn't accept a partial refund, as you will be out of pocket to replace to equivalent spec. (If it was a few years old, a depreciated refund would be more normal as the replacement value would have dropped also).

rubadub

dudara wrote: »

Any replacement should be of equivalent spec.

thats what I would have thought.

I know a guy who, many years ago, had a dvd recorder and brought it back to argos within the year as it broke. It was replaced with a higher spec model of the same brand, not only that but he got a voucher too -since the higher spec model was selling for less than the original (as it was new technology prices were dropping fast).

runawaybishop

Xterminator wrote: »

here we go again. you do not have automatic entitlement to a refund. incorrect.

They cannot repair or replace - he is entitled to a refund, automatically.

dudara

rubadub wrote: »

thats what I would have thought.

I know a guy who, many years ago, had a dvd recorder and brought it back to argos within the year as it broke. It was replaced with a higher spec model of the same brand, not only that but he got a voucher too -since the higher spec model was selling for less than the original (as it was new technology prices were dropping fast).

They can replace with higher spec if it makes sense for them, but the idea is that they cannot leave you worse off (i.e. lower spec)

runawaybishop

dudara wrote: »

They can replace with higher spec if it makes sense for them, but the idea is that they cannot leave you worse off (i.e. lower spec)

That's not really possible in this scenario though as the device is pretty specific and only nvidia make them.

njs030

runawaybishop wrote: »

That's not really possible in this scenario though as the device is pretty specific and only nvidia make them.

It doesn't have to be the same device or even the same manufacturer.

It's up to the retailer to offer one of the three r's which they have done, the op can of course refuse it and see will the retailer change their offer.
If not they can then start an European small claims procedure but the op will have to have given the retailer a chance to sort it out first.

runawaybishop

notjustsweet wrote: »

It doesn't have to be the same device or even the same manufacturer.

It's up to the retailer to offer one of the three r's which they have done, the op can of course refuse it and see will the retailer change their offer.
If not they can then start an European small claims procedure but the op will have to have given the retailer a chance to sort it out first.

It must be a similar device. What other similar device offers the same functionality? Specifically what other device allows you to stream your games direct from your pc to a tablet as that is the primary functionality of this device.

A replacement isn't really possible as nvidia stopped making the shield so unless the store have one (they don't it seems) they cannot offer a replacement. They could offer the OP a tablet but that doesn't appear to be what he wants. The cannot repair the device as the manufacturer no longer does this so the only option left is a refund, which should be for the full price given the age of the device.

njs030

runawaybishop wrote: »

It must be a similar device. What other similar device offers the same functionality? Specifically what other device allows you to stream your games direct from your pc to a tablet as that is the primary functionality of this device.

A replacement isn't really possible as nvidia stopped making the shield so unless the store have one (they don't it seems) they cannot offer a replacement. They could offer the OP a tablet but that doesn't appear to be what he wants. The cannot repair the device as the manufacturer no longer does this so the only option left is a refund, which should be for the full price given the age of the device.

Like I said op can refuse the offer and they can either offer a full refund or stick with their current offer and he can make a claim it they refuse.

colm_mcm

Xterminator wrote: »

here we go again. you do not have automatic entitlement to a refund. incorrect.

OP the above idea of getting the faulty product back and accepting the partial refund might interest you, but i would insist on one of the 3 r's
Repair/replace/refund.

you could suggest they offer you a tablet of similar spec if they cannot source a direct replacement. tell them you will not accept a partial refund, as it should have lasted longer than a year, it was not fit for purpose, and your next step will be to lodge a small claims case if you do not receive an offer you are satisfied with.

Can you go the small claims court route with a uk retailer though?

Stheno

colm_mcm wrote: »

Can you go the small claims court route with a uk retailer though?

European small claims

ssmith6287

Ive seen a lot of companies get items cheaper but they aren't able to claim off the supplier for a fault. I reckon this retailer got the tablets on the cheap, they cant get money back on a faulty so are trying to fob off part of the expense on you