Vero 4K+ stops working

So you could have told me you don’t want to pay for the shipping of my Vero 4K+ back to me and not to ignore me for 3 months. The claim’s been going on for over a year and a half!

  1. In Czechia, as well as in other EU countries, we have 2 years legal warranty.
    Here’s for example EU FAQs - Guarantees and returns page of:
    FAQs|Guarantees, cancelling and returning your purchases - Your Europe

There is written:
A commercial guarantee does not replace your two-year legal guarantee. If you are given a one-year commercial guarantee when you buy a product, you can still use the two-year legal guarantee to claim redress from the trader after more than a year, but still within two years of purchase.

I bought Vero 4K+ on June 18, 2019.
I wrote the first comment about it stopped working suddenly when I was watching TV on Sep 10, 2020.

  1. You are writing:
    As the repair attempt was made out of warranty as a good will gesture, we did state that any return shipping costs would be at your expense unless there was an inherent fault.

Sorry, but you didn’t state that. Instead, I wrote to you in the support system:

2020-10-22 09:44:47:

Please tell me honestly if you would replace it or you have a person that would repair it (I don’t think there’s a chance of it because of how today’s electronic is made). I don’t want to loose time with it and you neither.

So please HONESTLY say what you can do with it and if it’s worth to send it back. If you think it’s not worth to send it and you believe it’s my fault or unfortunate accident, I would rather not let you fulfill legal issues because you have to and I would not send it to save money and time to me and to you.

I might not have expressed myself clearly, but what I meant was that I didn’t want to spend 2 years with support and waste your money and time as well as mine.

You answered 2020-10-22 14:32:40:

I can’t tell you if it can be repaired without receiving it back. If the device was within the warranty period and there was a fault, it would be replaced for a new model.

I didn’t find any other sentence that you would state that I will pay for the shipping to you and back to me. The usual practice is that claimed goods is picked up and returned by the company.

My gesture of good will was that I was honest before I sent it to you and also that I paid for the shipping to get the device back to you, although I was convinced I wasn’t supposed to. I just thought it was fair.

Sorry – the ticket was archived and you replied via the support system. As explained, if you want to re-open the ticket for a prompt response, you can either send a new email / request, or response via your email client. This will ensure a prompt response.

That’s correct, any warranty we provide is an addition to your rights and not a replacement to any consumer rights you may have. In England for example, this can be up to six years.

"3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity."

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:EN:HTML

However the issue was not reported within that period.

This is not an EU law, but a directive, which means it is implemented by Member States. In the UK, our implementation was the Sale of Goods Act. This is a superset of the directive and provides more rights than the EU directive – however your device is not eligible for an out of warranty repair here.

The item can still be returned of course – but we are unable to repair it. There is also the opportunity to have a refurbished or returned model that is not suitable for re-sale, but this would not be processed as a warranty replacement.

I hope this is made clear.

However the issue was not reported within that period.

The point 3 basically says the warranty is effectively 6 months for a common buyer, because then the buyer needs to prove the device was defective at the beginning, do I understand it right?

however your device is not eligible for an out of warranty repair here.

If I could prove Vero 4K+ was defective, you would replace it, right?

How can I prove it? Imagine, you are watching tv and suddenly a black screen. And all the weird stuff then as I wrote here in the thread. My wifi router, raspberry pi, laptop, monitor… all of them are connected in the same room (different outlet but the same electrical circuit) and I had never had a problem with electricity and any electronics except the Vero 4K+ now.

The only thing I can think of is that Vero 4K+ was designed with an unsufficient protection against overheating or electrical charges. Both could happen theoretically - it overheated or there was an electrical peak that half destroyed it. How can I prove it wasn’t designed properly or there was something wrong with this particular device? A commnon buyer can’t do anything.
It would be too expensive to pay someone to analyse it and to create a legal report if it’s possible at all. And the device has a warranty label on it, so it cannot be opened and analysed.

So is the warranty 2 + 1 years? 2 years? 1 year? No, it’s practically 0,5 year for a common buyer.

In this thread: Very 4k warranty? - #2 by sam_nazarko
you say:

Fortunately we have never had to replace a unit outside of the 1 year period as we haven’t experienced any such cases.

This is apparently not true (anymore).

There is also the opportunity to have a refurbished or returned model that is not suitable for re-sale, but this would not be processed as a warranty replacement.

If you offer me a returned device that is working instead of my non repairable one, I think I accept it, better to have something than nothing.

To be frank, I regret offering to attempt to repair your device out of warranty.

Your responses are insincere and inaccurate

This is clearly not the case. A one year warranty applies to the hardware and the user does not need to report the issue within any specific time period – just the year.

Only if the user wants to prove that the goods are inherently faulty – which is what you seem to want to do, would it have to be conducted within a time period. However this is not the goods, because you used the device for over a year without any issues.

1 Like

Your responses are insincere and inaccurate
This is clearly not the case.

You pointed me to the link and sent me the quote:

There is mentioned period of 6 months, not 1 year. I read it and wrote my feelings about that. That’s correct and honest I think.

I also expressed that a device that breaks itself without any intervention (I was using a remote controller) while other devices are fine is most likely not my fault.

your device out of warranty.

EU warranty is 2 years. The same in Czechia.

My Vero 4K+ was in warranty when I sent it to you.

I also asked you if you really want it to be sent.

You wrote here in the thread:

As the repair attempt was made out of warranty as a good will gesture, we did state that any return shipping costs would be at your expense unless there was an inherent fault.

but that is not true. I didn’t find any sentence in the support system, email, nor here in the thread.

Some quotes from the consumers page:

Under EU law, within the legal guarantee period of two years, defective products must be repaired or replaced without any cost to the consumer. This includes any shipping costs.

The legal guarantee covers any defects presumed to have existed at the time of delivery and which become apparent within a period of two years.

The legal guarantee is valid for a period of two years throughout the EU. But there are certain conditions.

Yes, there’s the period of 6 months in the 2 years warranty:

After 6 months, you can still hold the seller responsible for any defects up to the end of the two-year guarantee period. However, the seller can ask you to prove that the defect existed when your goods were delivered. This is often difficult, and you will may have to involve a technical expert.

So maybe you call warranty the period of 6 months, but the warranty is 2 years if you want to be correct.

Now, you hold my device already 1.5 years. In Czech the seller has 1 month for resolving a complaint in contrast, but I understood you had some problems with covid and you could not get to your office.

I am not asking for it to be replaced with a functional device. It was your warm offer which I accepted. If you changed your mind, that is ok. However, I would appreciate if you would not keep my device and return it to me.

I will try and explain this more clearly.

If you purchase a Vero 4K+, you receive a one year international warranty, regardless of where you live. In certain regions, you may have additional rights. But this is the minimum warranty, worldwide.

The warranty provided by OSMC protects you against any hardware issue that develops in that year. So if after 364 days (we are lenient, and factor in that people don’t set up their device straight away nor do they receive it immediately) you develop a problem and contact us, we will replace the hardware accordingly.

The EU can grant you an additional warranty of up to two years. However – you must have reported an issue within six months of ownership, or prove that it was an inherent issue afterwards. So if your device experienced an issue after one and a half years, and you had reported the issue in the first six months – it would be on us to remedy it. However you didn’t report issues within this period and your problem occurred much later. Some countries, such as England, cover you for up to six years. We don’t intend to erode any consumer rights and any warranty supplied by OSMC is supplementary and doesn’t replace your standard rights.

The faulty memory on your board seems to have occurred as a result of a power surge. We personally don’t believe that there was an inherit fault with the device as the issue occurred after a significant amount of time and usage (over a year).

I don’t want to keep your property lying around and I’m happy to get this back to you. Unfortunately however, it cannot be repaired. I have looked in to it and tried to restore the board, but was simply unsuccessful.

This is because you sent the item prematurely, before we gave you return address details. You sent this to the registered office rather than the returns address and the UK had intermittent lockdowns during this period.

I hope this makes things more clear.

OK. Please send it back to me at no additional cost.
You have my address in the support system.
Thank you.

Please reply on the ticket with details, and I will action this accordingly.