In need of assistance regarding OverClockers UK

[studentshock123]

Having a real headache after purchasing an item from OCUK (Overclockers UK) and feel as though they have played me for a bit of an idiot. Am in need of some advice if possible, as this doesn't seem to fall into any current consumer law or grant any protection that I know of.

 

Sent this letter recently and is a rough breakdown of events.

 

07/02/2016

 

Dear Sir or Madam,

 

REFERENCE: .(name)../Overclockers UK (OCUK Ltd)-Gigabyte GeForce GTX 970 G1 Gaming 4096MB GDDR5 PCI-Express Graphics Card

 

I have owned the item, a Gigabyte GeForce GTX 970 G1 Gaming 4096MB GDDR5 PCI-Express Graphics Card, since 13/12/2014 which I purchased from Overclockers UK (OCUK Ltd). I paid £289.99 GBP for this item and it has a 3 year warranty period.

 

I have discovered that the item is not fit for purpose. I initially received the card on the morning of the 13th December 2014. I initially had a few issues regarding the performance of the product and managed to find a solution online. The card worked adequately enough until the 20th December 2015, at that point I began to experience what seemed to be large red graphical flashes and lines on the screen.

 

I attempted to troubleshoot and research online regarding the problems I had experienced, specifically without touching any hardware. I was then advised to try a different port on the back of the graphics card to attempt to show the display without these large flickering lines, red dots and pixels. I managed to record video evidence of the issues and have confirmed that the other display ports were also faulty.

 

I ultimately deemed the product unusable, as it could no longer function as originally intended for. I proceeded to contact the manufacturer 'Gigabyte' regarding an 'rma' procedure for the product, in which their response was to ' please contact the location where the original order was placed'.

 

I then contacted Overclockers UK and spoke to a gentleman on the phone who immediately acknowledged the issues that I had faced and stated that he knew what the problem was in these cards (gtx 900 series) and that I should send the card back to them for an 'rma' procedure. He then gave me an 'rma' number/code for the return shipment process. I would like to stress that the card did have an incredibly small scratch on the back-plate (which is there on this particular model to protect the pcb and evidently costs more).

 

On December 23rd 2015, I then sent the product back to Overclockers UK with 1st class shipping with UPS with added insurance and recorded delivery (£25.79).

 

Received response to me via email:

 

Dear Mr .(name). .(name).., Your RMA RMA295815 has been received at our offices. All RMAs are tested in compliance with manufacturer requirements. This testing process can take around 5 working days. Once this has been completed we will e-mail you again with an update on progress.

 

If your item has been returned for DSR (Distance selling Regulations) refund please note that all refunds will take up to 5 – 7 working days to be completed. We also reserve the right to test and inspect high value items returned under DSR (Distance Selling Regulations). For items over 28 days of purchase please be aware we send these back to the manufacturer for repair / replacement. This process can take up to a maximum of 28 working days.

 

On the same day I then received this email :

'Dear Mr ..(name) ....(name)..., The product GX-147-GI on RMA295815 has been returned to you. It has been rejected for the following reason. "CARD HAS BEEN TAKEN APART, SCREW MISSING FROM BACK PLATE AND SCRATCH TO BACKPLATE. WARRANTY VOIDED ".

 

Overclockers UK then emailed me further to state that they would be sending this item back after rejecting it outright without testing it, apparently due to a scratch and a screw missing (which wasn't to my knowledge).

 

I then received the item back on the 4/01/2016, whilst inspecting the item I noticed a number of plastic covers had been removed and not replaced, I was also able to account for every single screw in the card in which one was 'apparently' missing.

 

I contacted Gigabyte(manufacturers) regarding the issue of voiding the warranty, the representative stated that excess physical damage (not a scratch), or aftermarket additions or modifications would breach the warranty and taking the card apart was in fact perfectly fine.

 

Overclockers UK have no information anywhere regarding what successfully voids a warranty of a graphics card as I spent time researching their website and elsewhere online for information.

 

On their official forums they have clearly labeled guides such as these: (cannot post links as i have a low post count) (http)://forums.overclockers.co.uk/showthread.php?t=18677735. Titled 'Here is a little guide to show you how to take apart a GTX980 G1 gaming card from Gigabyte, clean the GPU core surface and re-apply fresh thermal paste before re-assembly'.

 

It is now dated 07/02/2016 and I have not had a functional product for over a month and a half with no positive outlook or solution on the horizon.

 

The Consumer Rights Act 2015 makes it an implied term of the contract I have with Overclockers UK (OCUK Ltd) that goods be as described, fit for purpose and of satisfactory quality.

 

As you are in breach of contract I am entitled to a replacement at no cost to me for the reasons outlined above.

 

I also require you to confirm whether you will arrange for the Gigabyte GeForce GTX 970 G1 Gaming 4096MB GDDR5 PCI-Express Graphics Card to be collected or will reimburse me for the cost of returning it.

 

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

 

Yours faithfully,

...(Name).. .....(Name).....

 

 

Basically received a phone call on the morning the letter was signed for on the 10/02/2016 asking If I would send the card back into them so they can test it and process another rma 'again' so they could send it off to the manufacturers to get it repaired or replaced.

 

the issue I have with this is that I don't trust them at all, especially as they have already told me a month ago that the warranty has been voided. Also the manufacturer may take up to 2-3 months according to their online information which means I am out of an important component now since December 2015 and may not receive anything back until April/May?

 

Any advice would be much appreciated, unfortunately I am not made of money and cannot keep ordering new parts all of the time.

[Bazooka Boo]

Well IMO, you need to allow them the opportunity to rectify this, either by repairing the product or replacing it.

 

If they do neither, then it leaves you with a couple of options, one being a small claim via the small claims track, the other and my first choice would be to contact your local trading standards to have them look into it for you.

[silverfox1961]

Hi and welcome to CAG.

 

Firstly, the Consumer Rights Act 2015 does not apply in this case as you bought the item in 2014 and the act is not retrospective.

 

When a customer buys a graphics card on its own, it's fairly likely they will fit this themselves and as such Overclockers are trying to get out of their obligations under the Sale of Goods Act.

 

As they have refused to repair the item, you may need to get an independant report done but don't do that yet unless they agree that if the product has a manufacturing fault, they will refund you.

 

A simple scratch or even a 'missing' screw will not affect anything so I suggest contacting them again mentioning SoGA and reminding them of their obligations under the act as well as the warranty period.

If they refuse to budge, the next option would be to send a Letter Before Action followed up with court action but only follow this line if you intend to follow through.