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RTX 3090 - Potential Scam...
- Thread starter Kevin Parsons
- Start date
thats the thing of buying 2nd hand, very few manufacturers cover 2nd hand, i sure in past there was the odd one or 2, but in mining times, no chance i would have thought,
no disrespect to OP but if they wanted a warrenty, they should have bought new
no disrespect to OP but if they wanted a warrenty, they should have bought new
You guys make it sound like its the hardest thing in the world.
The only check the retailer or nvidia can do really is to ask for proof of purchase. If the OP got the invoice from the seller, that's taken care of.
Now its a simple 'white lie' to get the rest. "The card was a gift from my brother in law", "I have moved house since" or any other perfectly reasonable reason why you no longer want the replacement card sent to the address on the invoice.
The name is no problem either.... as said either pretend it was a family member or heck create an email account with that name...
The FE retailer could make you jump a few more hoops I guess, as they would have the persons CC on file. But if going direct to nvidia for the RMA, there would be next to no checking they can do beyond the person providing the invoice and serial number of the card they have.
Again... its like the whole replace thermal pads. Only provide the information necessary to get your RMA claim approved. So dont go telling them you bought the card on ebay.
And people do get very bent out of shape about loosing a warranty on a computer part. None of you ever bought a 2nd hand car privately? Those come without any kind of warranty too... and even the cheapest of car probably cost more than a 3090FE.
Last edited:
Soldato
Hi guys,
Wonder what you thought of this. I bought a 3090 as pictured brand new on the bay as needed one quite urgently, but when it turned up I am suspecting signs of mild use but its hard to tell. I've got the receipt which does say it is only 3 weeks old but wondered what you thought from the pic? The part numbers match in all the photos etc, so its definitely the same card. Reckon its been fitted previously? Looking mainly around the central area of the fan, seems to have some scuff/dust type marks. Bit annoying
Advert:
Card Fan:
one thing you can check is remove the little metal magnetic screw blanking plates (above and below the 3090 logo) (I used bluetac to remove them works well) then look at the black screws. If they are scuffed then the cooler has also been removed.
I tend to buy second hand if it's big drop in price from new and willing to take the risk .. not something I'm paying for more than what the original price
Not to say this is the same but I've looked on auction site/ market places and seen how much they have sold for double the price what they originally sold for and keep fueling the Scalpers it's not my money so I shouldn't really care but should have some principles
I dont see how your point pertains to what I said? Seems your mostly trying to take a high road about scalping.
Was responding to the part
And people do get very bent out of shape about loosing a warranty on a computer part. None of you ever bought a 2nd hand card privately? Those come without any kind of warranty too...
Anyway I'll move on and good luck with everything
I actually made a typo there... I meant to say "None of you ever bought a 2nd hand car privately", CAR not CARD. Basically just trying to point out not everything costing £££s comes with a warranty. Yet we readily accept those risks.
Associate
If the claim is approved then great… every customer service agent is different, some agents are more thorough.
I have bought an XFX card in the past, the seller was nice to send me the proof of purchase as well, never needed to RMA it.
I only buy 2nd hand cars, as I let the previous owners take the depreciation hit.
So I am no longer bent out of shape.
Second hand cars are sold under different laws than ebay. With a second hand car, you are able to inspect the product before buying. This means you have seen the product and your expert has had a chance to examined the car. This means the car is sold as is.
Under distance selling its wrong to state the cards condition as new, when its infact used. Buying a car is not the same legally as getting a gpu off ebay. Buying online you cant inspect the product, thus different rules apply.
Could have been a mining card at worse or if luckly a gaming card sold before the prices drop. It takes a lot of use to need to clean a card that is three weeks old.
Associate
Not really (at least under UK law).
The difference mainly comes from whether it's a private sale or a business to consumer sale not so much what it is. You can still reject a used car bought from a dealer (subject to some caveats - used cars don't necessarily need to be faultless), whether or not you had it inspected beforehand and irrespective of whether you bought it remotely or went to the dealership.
Distance selling regulations also don't change the business seller's obligation to correctly decribe the goods (i.e. new or used), they are only supposed to provide the same opportunity to inspect the goods as the consumer would have in a shop.
You do get extra remedies buying through ebay, but that's due to the terms you (and the seller) agreed with ebay; not due to there being different laws for ebay.
this all day every day.
Ppl gone mad about the warranty. Its my item i do what i want with it. If i want to replace thermal pads to get better temps i dam will, if gpu fails under warranty ill get a replacement.
To the op i say, worry not, gpu is 3 weeks old, its not a problem, if it works be happy about it. If it fails dont worry to much, u will be able to RMA it, its just be careful what you say. The less u say the better it is.
99% of members on this forum acts like Sheldon cooper!!!!!
https://www.youtube.com/watch?v=kx14_hWALLA
Enjoy.
https://www.youtube.com/watch?v=kx14_hWALLA
Enjoy.
Associate
What this user said, I wouldn't worry about it and you have the proof of purchase.
A distance sale is defined as when a customer buys a product and the contract is not formed at the premises of the retailer. An example of this is when an order is placed and paid for online, or by telephone, and the product is delivered to the customer’s home without any face-to-face contact with the retailer.
For Cars. Distance sales are covered under provision 2.12 in the Vehicle Sales Code. It states the following:
“Where a vehicle sale is concluded at a distance, the accredited business will make clear your right to cancel within 14 days.”
- If you’ve placed a deposit on a vehicle at a distance, either online or over the phone, you are entitled to cancel your order within 14 days and receive a full refund of your deposit, regardless of your reasons or any money the retailer has spent.
- Bear in mind though, that if you placed a deposit at the retailer’s premises, you may not be able to receive a full refund, and you’ll need to check the terms and conditions that you signed.
- If you’ve paid for the car in full, and taken delivery of it, you have 14 days to change your mind from when you receive the vehicle – again, you don’t have to give a reason for cancelling and the retailer must give you a full refund.
- If the retailer doesn’t give you information about your rights under a distance sale at the time of delivery, including your right to cancel the purchase within 14 days, then you’ll have up to 12 months to cancel your order and receive a refund.
- REMEMBER: If you visit the retailer’s premises at any time during the sales process, so for example, when paying your deposit or signing your paperwork, this no longer counts as a distance sale. Therefore, you won’t have a cancellation period and your usual consumer rights will apply.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations apply to sales of goods or services to consumers without face-to-face contact. This includes selling by mail order, online, using digital television or by telephone, fax or text message. The Regulations replaced the former Distance Selling Regulations.
Under the Regulations, you must:
- give customers specified information before a sale is made
- confirm prior and certain other information in a durable form (eg in writing or email)
- usually, give customers a right to cancel their order
- normally, fulfil your contractual obligations within 30 days unless otherwise agreed
- usually, give customers a full refund up to 14 days after receiving their goods, if they change their mind
You must provide: https://www.gov.uk/online-and-distance-selling-for-businesses
- your business name, contact details and address
- a description of your goods or services
- the price, including all taxes
- how a customer can pay
- delivery arrangements, costs and how long goods will take to arrive
- the minimum length of their contract and billing period
- conditions for ending contracts
- how they can cancel and when they lose the right to cancel
- if they will still need to pay reasonable costs for using a service after they cancel
- a standard cancellation form, if they can cancel
- conditions for money given as a deposit or financial guarantees
- what digital content does (for example, the language it’s in or how to update software)
- the cost of using phone lines or other communication to complete the contract where it will cost more than the basic rate
The Consumer Rights Act 2015
The Consumer Rights Act covers goods and services ordered at home (for example through mail order catalogue, direct selling or online) and digital content. All goods must be as described, fit for purpose and of satisfactory quality. If goods are found to be faulty, you must give a full refund up 30 days after the item was purchased. If goods prove faulty up to six months after purchase and they can't be repaired or replaced, consumers are also entitled to received a full refund in most cases.
Consumers are not entitled to demand a refund or replacement just because they change their mind.
If you sell digital content (eg music, games, ebooks or software), consumers can claim repair or replacement if the content they have downloaded is faulty. If the fault can't be fixed, or can't be fixed within a reasonable amount of time or without significant inconvenience to the consumer, they will be entitled to claim some or all of their money back.
Consumers also have a 14-day right to change their mind and claim a full refund for digital content they have purchased, unless they have already started to download it.
Note how the laws for cars sales and online sales different. Distance sales are covered under provision 2.12 in the Vehicle Sales Code for cars. Note that for it to be a distance sale there most be no face-to-face contact. This is not legal advice, only my take on the matter. I hate looking up law stuff. The T&C on ebay wont change these rules. There are a set of rules for cars and another for everything else. You cant compare online car sales to other things bought online, different laws apply.
Associate
No, the law for car sales is not different to the law for sales of other goods. The vehicle sales code is an industry code of practice and is not "the law" - it is a set of extra protections available if you buy from a trader that participates in that scheme. The motor ombudman site where you found the code of practice even has a page explaining that the exact same law you quoted - the Consumer Rights Act 2015 - applies to the sale of cars (https://www.themotorombudsman.org/knowledge-base/what-is-the-consumer-rights-act). Note how they make no distinction between new or used sales in their description of your rights when you're buying a car and how the rights outlined are exactly the same as you get for other goods because, as far as the law is concerned, cars are "goods".
There can be variations in your statutory rights depending on what you buy: for example there's a distinction between goods and services and there's also differences where a product is made to order. But not between the sale of cars and graphics cards, or cpus or toasters. There might be differences in what is considered "reasonable" depending on the type and class of goods (e.g. new vs used or b-grade or seconds, or poundshop vs "designer" goods); but it's still the same laws and the same basic principles apply - they all must be fit for purpose and of satisfactory quality. The parts about distance sales add to those protections to provide for the same opportunity to examine the goods as you would have at the retailer's premises - the same basic protections apply irrespective how it is sold.
Also, please explain how does any of what you quoted support this assertion:
Consumer law does not apply in a private sale - anything (cars or graphics cards) sold privately is indeed sold as is. But a business to consumer sale will always be under consumer law which means the retailer has obligations after the sale has occurred.
This is also not legal advice, only what you can work out by reading and comprehending online resources.