Out of warranty

mexicanking · 28-08-2020 10:24am #1

I am looking for advice.

I bought a network music streamer for more than €500 with 1 yr warranty. Usually buy from richersound, but for once bought it directly from the manufacturer. Within the first year the player would pause music randomly once or twice a week. I didn't log support as there were lots of variables, wifi, app, firmware etc. With each firmware update the frequency of pauses changed. I thought it was a software bug and will get fixed.

During COVID, I was listening to music much more than before and started annoying me. Logged support, took approx 2 months for them to have a look. On a remote support, technician reflashed firmware. Now it reboots within 5 minutes and cannot play music. They have closed support now as an hardware issue and is out of warranty. I have to pay to replace it.

I bought it using paypal, on VISA credit card.

Is there another way I can get it fixed or compensated, considering that it was in a playable state before remote support.

28-08-2020 10:41am

mexicanking wrote: »

I am looking for advice.

Is there another way I can get it fixed or compensated, considering that it was in a playable state before remote support.

My advice is to look for a reputable Apple / PC Laptop repair agent and ask them. Do they carry out the repair in the decent length of time?
Any repair has normally only 90 days or so warranty, take note, in Ireland.

Xterminator · 28-08-2020 11:11am

Hi Op

It is important to understand where you bought this from.

Was it with in ireland
Was it from within the EU.

if the answer is you you have stronger consumer protections than the warranty.

If you bought it from outside EU, then you are left with warranty and manufacturer goodwill.

daheff · 28-08-2020 1:02pm

mexicanking wrote: »

I am looking for advice.

Logged support, took approx 2 months for them to have a look. On a remote support, technician reflashed firmware. Now it reboots within 5 minutes and cannot play music. They have closed support now as an hardware issue and is out of warranty. I have to pay to replace it.

did the fix ever work? If not, I'd be back onto them telling them it has never been fixed.

If it did, then it may depend on where you bought the item.

mexicanking · 29-08-2020 11:07pm

Xterminator wrote: »

Hi Op

It is important to understand where you bought this from.

Was it with in ireland
Was it from within the EU.

if the answer is you you have stronger consumer protections than the warranty.

If you bought it from outside EU, then you are left with warranty and manufacturer goodwill.

It is a Canadian manufacturer and I bought it on their EU site. It was shipped from their warehouse in Ireland. I would take it that its within EU.

What is the consumer protection that you are referring to?

mexicanking · 29-08-2020 11:08pm

daheff wrote: »

did the fix ever work? If not, I'd be back onto them telling them it has never been fixed.

If it did, then it may depend on where you bought the item.

The technician, did a remote call to the unit and tried to reflash firmware. It worked for the couple of minutes he was online. And since then, the unit restarts in every few minutes. So technically it is not working at present and was not fixed. This was done a month back when the item was out of warranty.

Darc19 · 30-08-2020 10:19am

I'll guess it's bluesound.

Your sales contract is with digital river

https://shop.bluesound.com/store/defaults/en_IE/DisplayDRContactInformationPage/eCommerceProvider.Digital+River+Ireland+Ltd.

At checkout, did you click "buy as consumer" or "buy as a business"

The warranty is in addition to your cons. consumer rights, so if you bought as a consumer you should be able to get the issue resolved.

Do remind them that as the legal entity is in Ireland, that irish consumer law applies to the purchase and that supercedes their warranty.

daheff · 30-08-2020 10:08pm

mexicanking wrote: »

The technician, did a remote call to the unit and tried to reflash firmware. It worked for the couple of minutes he was online. And since then, the unit restarts in every few minutes. So technically it is not working at present and was not fixed. This was done a month back when the item was out of warranty.

If that's the case then it was never fixed. A fix should be permanent.

mexicanking · 31-08-2020 7:16pm

Darc19 wrote: »

I'll guess it's bluesound.

Your sales contract is with digital river

https://shop.bluesound.com/store/defaults/en_IE/DisplayDRContactInformationPage/eCommerceProvider.Digital+River+Ireland+Ltd.

At checkout, did you click "buy as consumer" or "buy as a business"

The warranty is in addition to your cons. consumer rights, so if you bought as a consumer you should be able to get the issue resolved.

Do remind them that as the legal entity is in Ireland, that irish consumer law applies to the purchase and that supercedes their warranty.

Yes you are right, its bluesound. I bought it as a consumer. I was not aware of the 6yr rule here in IE. I will try it. Thanks for your help.

mexicanking · 31-08-2020 7:17pm

daheff wrote: »

If that's the case then it was never fixed. A fix should be permanent.

Yes it was not fixed. They are asking me to buy a new one or a refurbished one for half price as the item is out of warranty.

SweetCaliber · 31-08-2020 10:08pm

mexicanking wrote: »

Yes it was not fixed. They are asking me to buy a new one or a refurbished one for half price as the item is out of warranty.

A repair should be permanent. They now have to give you the option of a replacement or a refund.

mexicanking · 13-09-2020 10:53pm

Thank you all for your help. I have now written a strongly worded complaint. Lets see what the response is.

mexicanking · 22-09-2020 9:51pm

Now its more than a week that I have sent my email, I had requested replacement by 28th or I would proceed legally. I haven't received any response, don't think they will respond. Have sent copies to digital river, bluesound and NAD.
Can someone advice what should I do next?

SweetCaliber · 22-09-2020 10:03pm

mexicanking wrote: »

Now its more than a week that I have sent my email, I had requested replacement by 28th or I would proceed legally. I haven't received any response, don't think they will respond. Have sent copies to digital river, bluesound and NAD.
Can someone advice what should I do next?

You paid using PayPal yes? Best option would be to file a claim with PayPal.

If not then you may be able to go through the European Small Claims Court?

Darc19 · 22-09-2020 11:07pm

mexicanking wrote: »

Now its more than a week that I have sent my email, I had requested replacement by 28th or I would proceed legally. I haven't received any response, don't think they will respond. Have sent copies to digital river, bluesound and NAD.
Can someone advice what should I do next?

I don't think you should have said that you would proceed legally. Usually you will get the best results by inferring that you could be a long term customer and suggest that you are disappointed with the initial response.

Then you inform them that you were told in a specialist online forum that there is a legal right to a proper repair or replacement, but that you find talking directly is a far better solution than those who suggested a less savoury approach.

And you end with a statement that you would hope that they will find a solution to the fault you are experiencing with their product as you really want to see the full benefits of using it.

That type of response will almost always get a positive outcome.

mexicanking · 23-09-2020 4:43pm

SweetCaliber wrote: »

You paid using PayPal yes? Best option would be to file a claim with PayPal.

If not then you may be able to go through the European Small Claims Court?

Its outs of 180 days window to raise a claim with paypal.

mexicanking · 23-09-2020 4:48pm

Darc19 wrote: »

I don't think you should have said that you would proceed legally. Usually you will get the best results by inferring that you could be a long term customer and suggest that you are disappointed with the initial response.

Then you inform them that you were told in a specialist online forum that there is a legal right to a proper repair or replacement, but that you find talking directly is a far better solution than those who suggested a less savoury approach.

And you end with a statement that you would hope that they will find a solution to the fault you are experiencing with their product as you really want to see the full benefits of using it.

That type of response will almost always get a positive outcome.

Yes I had done that, may be three times, when they said that it was out of warranty. Singing all praises for the sound quality(thats true) and being a good customer, recomending it etc etc. Each time support came back to say that I will have to pay. I even directly contacted the support manager, with the same story. But none was taken favaourably. My email was the last resort one when everything else has failed. But you may be right, they might not be aware of the 2yr EU warranty, could have sent a softer email. But thats all done now.

Darc19 · 23-09-2020 7:31pm

If you have given three chances, then your email is understandable.

And it's not the EU law you are relying on, it's the Irish sale of goods act.

It's a simple case of lodging a small claims court application.

Give them one more chance, inform them that you will be making a claim in the small claims court under the Irish sale of goods act.

Link them to the relevant pages in consumer connect and to the small claims court - just so that they know it is very easy for you to proceed.

mexicanking · 20-10-2020 9:57am

I submitted the small claims and it came rejected. They called me from the courts saying that I didn't make any contact within the first year while the product was under warranty. It was my responsibilty to make contact with the seller hence there is no ground to my claim.

whiterebel · 20-10-2020 10:21am

So they are saying that contact should have been made when the problem became apparent?

mexicanking · 20-10-2020 10:54am

whiterebel wrote: »

So they are saying that contact should have been made when the problem became apparent?

Yes, in my case it was random pauses to the music which I could resume in 15 sec approx. I never contacted within the first year. Later when the frequency increased, the product was out of warranty.

Ten Pin · 20-10-2020 1:01pm

According to Citizens Information you have 6 years to make a claim, with the caveat that after 6 months the burden of proof of product fault moves to the consumer.

https://www.citizensinformation.ie/en/consumer/shopping/repairs_replacements_and_refunds.html#l3eee1

It sounds like the SCC just accepted the sellers warranty period as a defence and didn't consider anything afterwards...which IIUC is what the SOGA is intended to cover (the "afterwards" up to 6 years). Did the court send out anything in writing?

Samuel T. Cogley · 21-10-2020 12:46pm

mexicanking wrote: »

I submitted the small claims and it came rejected. They called me from the courts saying that I didn't make any contact within the first year while the product was under warranty. It was my responsibilty to make contact with the seller hence there is no ground to my claim.

Do you have any sort of report detailing that the fault was there at time of delivery. Are you within two years of purchase?

Out of warranty

Comments