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martinch
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Re: My terrible experience with evga rma 2014/08/26 05:30:51 (permalink)
Scarlet-TechIf the EK law States that any used product must come with a warranty of 2 years, please provide the title and number it comes from. Just quoting without a reference isn't going to help.

Probably redundant now, but as you asked, I believe that EU Directive 1999/44/EC is being referenced (page 7).  This states that all European Union member states must allow consumers to make a claim for faulty or misdescribed goods under their consumer rights for a minimum of two years.
 
However, I think it depends upon the local government as to how this is implemented. From reading the above document, it seems that there was the intention that this would mean a minimum guarantee period of 2 years on all purchases.  However, some states simply state that you may claim against the retailer under the local consumer protection laws for a period of up to X years. 
 
For example, English law allows you to claim for faulty or misdescribed products for up to 6 years after the date of purchase (this does cover used items, runs from when you purchased it, not the original purchase date).  Note that in England, this doesn't mean the item has to last for 6 years, just that you are able to lodge a claim in court for that period of time, whereupon it will be evaluated whether the item's failure means that it wasn't reasonably durable, etc.  Having said that, I've heard people state that England's laws don't adequately implement said directive, so take that as you will.

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#31
the_Scarlet_one
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Re: My terrible experience with evga rma 2014/08/26 05:34:13 (permalink)
martinch
Scarlet-TechIf the EK law States that any used product must come with a warranty of 2 years, please provide the title and number it comes from. Just quoting without a reference isn't going to help.

Probably redundant now, but as you asked, I believe that EU Directive 1999/44/EC is being referenced (page 7).  This states that all European Union member states must allow consumers to make a claim for faulty or misdescribed goods under their consumer rights for a minimum of two years.
 
However, I think it depends upon the local government as to how this is implemented. From reading the above document, it seems that there was the intention that this would mean a minimum guarantee period of 2 years on all purchases.  However, some states simply state that you may claim against the retailer under the local consumer protection laws for a period of up to X years. 
 
For example, English law allows you to claim for faulty or misdescribed products for up to 6 years after the date of purchase (this does cover used items, runs from when you purchased it, not the original purchase date).  Note that in England, this doesn't mean the item has to last for 6 years, just that you are able to lodge a claim in court for that period of time, whereupon it will be evaluated whether the item's failure means that it wasn't reasonably durable, etc.  Having said that, I've heard people state that England's laws don't adequately implement said directive, so take that as you will.


I appreciate you responding. The problem Is going to surface that the item was as described and passed the warranty that was offered by the manufacturer, for a used item. This item was not new when it was purchased, which was made known.

The 750ti is an awesome card. I have one and getting a second.
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martinch
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Re: My terrible experience with evga rma 2014/08/26 05:55:23 (permalink)
Scarlet-TechI appreciate you responding.

No prob - I thought as no-one had, and you'd asked, I might as well
 
Scarlet-TechThe problem Is going to surface that the item was as described and passed the warranty that was offered by the manufacturer, for a used item. This item was not new when it was purchased, which was made known.

Being English, I can't really comment on Italian law, however, (here) that it was used wouldn't make a difference - the item would be required to remain of satisfactory quality for a reasonable period of time, although a compensation for the item being used would be applied when determining what would constitute "satisfactory quality" and "reasonable period of time", which may or may not bring it to a year or less*.  However, and this is an important point, the retailer would bear any potential liability to the consumer, not the manufacturer.
 
For example, I have successfully claimed for a paintwork defect on a 5 year old car 4 months after purchase, because it was unreasonable for a vehicle of that age to have blistering paintwork (despite the vehicle having a 3 year paintwork warranty from the manufacturer).
 
* The exception would be if the item were sold as defective, in which case the indicated defect would not be covered, but any others would be.
 
However, I fear this is an imminent thread derailment from a (now resolved) complaint into an interesting (for me) theoretical discussion on consumer protection laws ... oops.

Scarlet-TechThe 750ti is an awesome card. I have one and getting a second.

It does look excellent, indeed - I really like the small size and lower power draw.  Not quite powerful enough for my requirements (damn you, Metro!), but really nice none-the-less - I guess the GTX 860 will be really interesting!
post edited by martinch - 2014/08/26 06:02:56

Current PC: Intel Core i7 4790K, Noctua NH-U12S, Asus Z97-Pro, 16GB Corsair Vengeance Pro 1866Mhz RAM, Samsung 850 Pro 256GB, Crucial MX100 512GB, Western Digital Black 2TB, EVGA GTX 970 SC (blower), Pioneer BDR-209DBK, Fractal Design Define R4 + Noctua NF-A14 FLX fans, Corsair AX760 PSU, Dell U2713HM

#33
NoxiousVegeta
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Re: My terrible experience with evga rma 2014/09/05 12:19:03 (permalink)
EVGA_RMA_JaysonC
Hello Angy86,
 
Glad to hear and again we do value each and every one of our customers.
Thank you for making EVGA your choice in graphics cards and look forward to working with you if you ever have any issues.
 
I will notify our web team to disregard your previous request.
 
Best Regards,


 
Can you delete this Thread? Thanks.
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