EVGA

For anyone in EU! Do not pay for RMA shipping!

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Eksu99
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2021/03/22 13:42:07 (permalink)
Anyone in Europe, check this. By EU law you aren’t required to pay anything for warranty repair/replacement or the shipping for the RMA.

Articla 3:

1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.
3. In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate.
A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account:
- the value the goods would have if there were no lack of conformity,
- the significance of the lack of conformity, and
- whether the alternative remedy could be completed without significant inconvenience to the consumer.
Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
4. The terms "free of charge" in paragraphs 2 and 3 refer to the necessary costs incurred to bring the goods into conformity, particularly the cost of postage, labour and materials.
5. The consumer may require an appropriate reduction of the price or have the contract rescinded:
- if the consumer is entitled to neither repair nor replacement, or
- if the seller has not completed the remedy within a reasonable time, or
- if the seller has not completed the remedy without significant inconvenience to the consumer.
6. The consumer is not entitled to have the contract rescinded if the lack of conformity is minor.


https: //eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31999L0044&from=FI

Take out the spaces in the URL as I’m not sure who are allowed to post links here.

And here is the main site. You can choose your own language for the law text and see it as a whole.

https: //eur-lex.europa.eu/legal-content/FI/TXT/?uri=celex%3A31999L0044

Spaces are after ”https:”, take them out and the URL works in the correct way.

Do not pay for RMA shipping in Europe as you aren’t required by law to do so.
post edited by Eksu99 - 2021/03/23 04:56:39
#1

16 Replies Related Threads

    gsorin
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 04:31:31 (permalink)
    I paid the shipping already, it's in their shop for weeks now.
    Initially they stated that they need 3 days tops for the RMA process, now I don't care anymore, just want that bloody, crappy KP pump and coil fixed, no matter if they replace the AiO and put more thermal pads on capacitors or replace the card itself properly.
     
    #2
    Eksu99
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 04:35:55 (permalink)
    gsorin
    I paid the shipping already, it's in their shop for weeks now.
    Initially they stated that they need 3 days tops for the RMA process, now I don't care anymore, just want that bloody, crappy KP pump and coil fixed, no matter if they replace the AiO and put more thermal pads on capacitors or replace the card itself properly.
     

    I feel you, my 3080 has been being RMA’d for 4 weeks now through the retailer. I chose to go through retailer because EVGA told me, I would have to pay for the shipping (which is obviously wrong and against EU laws. Only if I had known beforehand.. :D) so I went with the retailer since I didn’t have to pay anything.

    Hopefully you’ll get your card back soon.
    #3
    Outofstock4ever
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 04:54:21 (permalink)
    that only applies if you buy it in the EU, buying on this site for example it is out of EU rules.
     
    ALSO THE TITLE IS WRONG, it's not for EUROPE,, but the EU.

    EU- 12G-P5-3657-KR     2/25/2021 9:01:27 AM PT
    EU - 08G-P5-3751-KR     2/22/2021 12:11:04 PM PT    
    EU - 08G-P5-3663-KR     1/25/2021 8:05:36 AM PT
    #4
    Eksu99
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 04:56:17 (permalink)
    Outofstock4ever
    that only applies if you buy it in the EU, buying on this site for example it is out of EU rules.
     
    ALSO THE TITLE IS WRONG, it's not for EUROPE,, but the EU.

    EVGA has a EU store too. And good catch, I noticed yesterday but didn’t bother to correct as most countries in Europe are in the European Union. Well, I’ll correct it now.
    #5
    rjohnson11
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 04:56:35 (permalink)
    This doesn't apply to the UK by the way

    AMD Ryzen 9 7950X,  Corsair Mp700 Pro M.2, 64GB Corsair Dominator Titanium DDR5  X670E Steel Legend, MSI RTX 4090 Associate Code: H5U80QBH6BH0AXF. I am NOT an employee of EVGA

    #6
    Eksu99
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 04:57:24 (permalink)
    rjohnson11
    This doesn't apply to the UK by the way

    Correct. UK isn’t in EU anymore.
    #7
    Outofstock4ever
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 04:58:54 (permalink)
    Eksu99
    EVGA has a EU store too. And good catch, I noticed yesterday but didn’t bother to correct as most countries in Europe are in the European Union. Well, I’ll correct it now.



    i don't think that counts, it's just the name, the product is not in EU, comes from Taiwan or something. I'm almost 99,99% sure you have to buy it in the EU

    EU- 12G-P5-3657-KR     2/25/2021 9:01:27 AM PT
    EU - 08G-P5-3751-KR     2/22/2021 12:11:04 PM PT    
    EU - 08G-P5-3663-KR     1/25/2021 8:05:36 AM PT
    #8
    Eksu99
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 06:41:53 (permalink)
    Outofstock4ever
    Eksu99
    EVGA has a EU store too. And good catch, I noticed yesterday but didn’t bother to correct as most countries in Europe are in the European Union. Well, I’ll correct it now.



    i don't think that counts, it's just the name, the product is not in EU, comes from Taiwan or something. I'm almost 99,99% sure you have to buy it in the EU

    Hmm interesting. I’ve been thinking that if I buy an card from EVGA EU store, I don’t have to pay customs fees because it comes through a EU country/warehouse. However, seems like Evga may ship them straight from Taiwan and therefore EU law doesn’t matter and I was wrong.

    Little strange that the site is called Evga EU but they ship them straight from outside of EU.
    #9
    rjohnson11
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 06:48:42 (permalink)
    Eksu99
    Outofstock4ever
    Eksu99
    EVGA has a EU store too. And good catch, I noticed yesterday but didn’t bother to correct as most countries in Europe are in the European Union. Well, I’ll correct it now.



    i don't think that counts, it's just the name, the product is not in EU, comes from Taiwan or something. I'm almost 99,99% sure you have to buy it in the EU

    Hmm interesting. I’ve been thinking that if I buy an card from EVGA EU store, I don’t have to pay customs fees because it comes through a EU country/warehouse. However, seems like Evga may ship them straight from Taiwan and therefore EU law doesn’t matter and I was wrong.

    Little strange that the site is called Evga EU but they ship them straight from outside of EU.

    You're getting the item directly from where it is manufactured.

    AMD Ryzen 9 7950X,  Corsair Mp700 Pro M.2, 64GB Corsair Dominator Titanium DDR5  X670E Steel Legend, MSI RTX 4090 Associate Code: H5U80QBH6BH0AXF. I am NOT an employee of EVGA

    #10
    gsorin
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 07:32:49 (permalink)
    EVGA Europe is based near Munchen, Germany. The online Store, RMA etc is there. Company is named EVGA Europe GMBH, which has to comply with German/European law.
    If something is ordered on the .Eu site, prices are already displayed in euros, VAT is calculated when checking out as in EU taxes are few % different from a country to another, products are received from Germany, so within EU countries no other taxes are paid.
    #11
    Gogod2020
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 09:32:04 (permalink)
    Hello, maybe I can help as I am a lawyer:
     
    Lets make an example: SUPERDUPERGPU (imaginary name) is a trader of GPUs and EVGA is a manufacturer. SUPERDUPERGPU is indeed bound by national and EU law to provide a two year warranty for any product he sells under EU law (and national laws of EU countries that usually have the same regime).
     
    Peter the consumer goes to SUPERDUPERGPU shop and buys an EVGA 3080 ftw3 ultra. Pays up goes home installs the new card and BANG fans revving, black screen, the whole lot. Peter is disgruntled but remembers EVGA has a GODLY RMA process so he contacts them for RMA and ofc its accepted UNDER MANUFACTURER WARRANTY. At this point two things have happened:
    1. Peter by-passed his trader so he is no longer protected by the EU warranty
    2. Peter is fully covered by the manufacturer warranty.
     
    Under the scenario I have just described, Peter cannot ask for anything further than what is described by the manufacturer warranty. Had he gone to his retailer (trader) though then the whole EU law warranty system would work to protect him and his rights.
     
    NOTE: If you buy from EVGA.EU store then yes EVGA is bound by the EU warranty for all sales. It does NOT matter where the product was manufactured else there would be almost no electronic products covered by a warranty, ever.
     
    The actual problem:
     
    What I have just described was my RMA story. I contacted my retailer and the retailer was more than happy to pay the cost of postage etc. Only one little thing. NO AVAILABILITY OF SAME PRODUCT + THEY WOULD ATTEMPT TO FIX MINE.
    So I had to take the lesser of two evils which was to pay 210 EUR to send my GPU to Germany for RMA. Still I must say that EVGA returned me a brand new replacement card for my effort and I totally appreciate that if I had a problem again then they would probably take care of shipping too.
    Under normal conditions my trader/retailer would pick up the faulty card, provide me with a replacement and the rest would be between them and EVGA. However, most retailers do not have the level of service that EVGA is famous for and so I think its safer to choose EVGA every time.
     
    I hope this helps.
     
    P.S. Still hurts how much I paid for RMA postage :(
     

    Intel Core 10700K, Z490 Aorus Elite AC v.1.0, GSkill 32GB 3000/CL14, EVGA 3080 FTW3 Ultra, Corsair HX1200, Dell S2721DGF, DRP4, Be Quiet SW3 140mm pwm high speed x4, Be Quiet 500DX, Samsung NVME 970 Evo Plus 1TB, Samsung SATA 860 Evo 1TB
    #12
    gsorin
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 10:06:15 (permalink)
    yeah, I did the same, through retailer had not so many options... in the end, EVGA is still trying to offer after sale quality services...
    to be seen if I will receive a repaired card, a new one, or even a refurbished one... - read on forums that also in EU or USA some received refurbished cards...
    does not matter, as I am interested to have a working silent card...
    yeah, shipping is a ****, there were some users that they had to RMA their cards several times so far (I think something is really wrong with this 3XXX series in the end, compared to other generations), so hopefully we won't end spending on shipping more than the card itself... =))
     
    #13
    Outofstock4ever
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 13:36:13 (permalink)
    Yep i found that out many moons ago with a Playstation, the store wanted me to send the console to Sony, but a family member warned me in time. But if i had bought it directly from Sony europe website, ie. no retailer, Sony would have to comply with EU law.
     
    Here is more complicated because you buy from a site called EVGA.EU but the card comes from outside the EU directly to you, so a bit gray area.

    EU- 12G-P5-3657-KR     2/25/2021 9:01:27 AM PT
    EU - 08G-P5-3751-KR     2/22/2021 12:11:04 PM PT    
    EU - 08G-P5-3663-KR     1/25/2021 8:05:36 AM PT
    #14
    Eksu99
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 13:39:12 (permalink)
    Outofstock4ever
    Yep i found that out many moons ago with a Playstation, the store wanted me to send the console to Sony, but a family member warned me in time. But if i had bought it directly from Sony europe website, ie. no retailer, Sony would have to comply with EU law.
     
    Here is more complicated because you buy from a site called EVGA.EU but the card comes from outside the EU directly to you, so a bit gray area.

    Yup, at the first glance I thought this is simple but the fact that the cards are shipped from Taiwan and not coming from inside EU, makes this complicated.
    #15
    Dwarfy
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 15:53:37 (permalink)
    rjohnson11
    This doesn't apply to the UK by the way




    I'm quite happy to say it does.
     
    The EU Directive 1999/44/EC
    Was implemented into UK law under The Sale and Supply of Goods to Consumers Regulations 2002 (https://www.legislation.gov.uk/uksi/2002/3045/made)
     
    The-linked-document
    (2) If the buyer requires the seller to repair or replace the goods, the seller must—

    (a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

    (b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

     
    I'm no legal eagle and I may have misread or misinterpreted the data present and I could be wrong but this is the data as I see it
     
    This snippet taken from https://publications.parliament.uk/pa/ld201719/ldselect/ldeucom/51/5105.htm
     
    Directive 1999/44/EC of the European Council and of the Council on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7 July 1999, pp 12–16). Implemented in the UK via the Sale and Supply of Goods to Consumers Regulations 2002 (SI 202/3045).
     
    Now whether the Government changes this going forward I don't know.
    post edited by Dwarfy - 2021/03/23 15:55:37
    #16
    taskemma
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    Re: For anyone in Europe! Do not pay for RMA shipping! 2021/03/23 22:22:04 (permalink)
    Does anyone knows how much it would cost to ship one gpu to Serbia?  
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